The crime of maltrattamenti contro familiari e conviventi in the Italian Penal Code
DOI:
https://doi.org/10.36151/Keywords:
maltreatment, physical violence, psychic violence, result offenses, habitual crime, permanent crime, family, omissive conduct, pre-intentional offense, offense qualified by result, objective liabilityAbstract
The crime of maltrattamenti contro familiari e conviventi, typified in art. 572 of the Italian Penal Code, has numerous similarities with the habitual ill-treatment of art. 173.2 of the Spanish Penal Code. Thus, also in relation to the Italian precept arises the problem of limiting the scope of protected persons, of delimiting what kind of acts can integrate the typical behavior, that of the possible subsumption of omissive behaviors or of the admissibility of the commission by default, among others. However, since the intervention of the Italian penal Legislator in this area was, in comparison with the spanish case, extraordinarily early, the Italian Doctrine and Jurisprudence have a wide experience in the analysis of this problem, reason why its study can be of great interest in order to interpret the spanish offence.
