Abstract
[Autom. eng. transl.] The Court of Cassation held that the case referred to in art. 609 quater of the Italian Criminal Code should be included in the list of crimes committed with violence to the person, based on an interpretation of the concept of violence as modulated by supranational sources. The interpretation of the Court, however, seems to be in contrast with the literal tenor of the norm and seems to coincide with the violence to the person, who is an attribute of the conduct, with the offense against the protected legal good, that is the psychophysical integrity of the minor. The comment aims to analyze the category of crimes committed through violence to the person, highlighting some critical considerations on the application consequences of the interpretation made by the Court.
Translated title of the contribution | [Autom. eng. transl.] Crimes committed with violence to the person: the strange case of art. 609 quater of the Italian Criminal Code |
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Original language | Italian |
Pages (from-to) | 424-433 |
Number of pages | 10 |
Journal | GIURISPRUDENZA ITALIANA |
Volume | 2019/2 |
Publication status | Published - 2019 |
Keywords
- atti sessuali con minorenne, consenso del minore, violenza, vittime vulnerabili