Status filiationis ed interesse del minore: tra antichi automatismi sanzionatori e nuove prospettive di tutela

Translated title of the contribution: [Autom. eng. transl.] Status filiationis and interest of the minor: between ancient sanctioning automatisms and new protection perspectives

Lara Ferla, Lara Ferla

Research output: Contribution to journalArticlepeer-review

Abstract

[Autom. eng. transl.] The paper examines an interesting ruling by the Italian Constitutional Court, sentence n. 31 of February 23, 2012, which declared the partial constitutional illegitimacy of art. 569 of the Penal Code The provision in question sanctioned with the accessory penalty of forfeiture by the parental authority the parent convicted for the crime of altering the state of his own child. The Constitutional Court found a violation of the principle of reasonableness in the discipline in question, which precluded the judge from any possibility of evaluating the interest of the minor in the specific case. The sentence stands out in different respects: for having innovated a legislation that has remained unchanged since 1930, and which appears to be anachronistic in several respects; for the originality of the perspective adopted for the purposes of the decision, since the automatic sanctioning system envisaged by art. 569 Criminal Code fell into consideration not of the interest of the recipient of the measure (the convicted parent) but of a third (the minor child). The contribution underlines the importance of the ruling of the Constitutional Court, which also emerges from having solicited the proposition of new questions of constitutional legitimacy with respect to current legislative provisions - such as the abolition of the state (Article 566, paragraph 2, of the Italian Criminal Code) and the theft and detention of a minor abroad (Article 574 bis of the Criminal Code) - which accompany interdictory measures concerning the exercise of parental authority.
Translated title of the contribution[Autom. eng. transl.] Status filiationis and interest of the minor: between ancient sanctioning automatisms and new protection perspectives
Original languageItalian
Pages (from-to)1585-1603
Number of pages19
JournalRIVISTA ITALIANA DI DIRITTO E PROCEDURA PENALE
Publication statusPublished - 2012

Keywords

  • Alterazione di stato
  • Diritto penale
  • Pene accessorie
  • Potestà genitoriale

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