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Italian Supreme Court of Cassation, Criminal Section III, No. 14960/2015, 13 April 2015

Abstract

Relevance of cultural factors as a justification for crimes against family members.

Normative references

Art. 3 Italian Constitution
Artt. 570, 572, 609 bis Italian criminal code

Ruling

The foreigner accused of a crime against the person or against the family (mistreatment in the family, sexual violence, violation of the obligations of family assistance) cannot invoke, not even in putative form, the justification of the 'exercise of a right related to faculties allegedly recognized by the legal system of the State of origin, if this right is to be considered objectively incompatible with the rules of the Italian legal system, in which he has chosen to live, given the need to enhance - in line with art. 3 of the Constitution - the centrality of the human person, as a principle capable of harmonizing individual cultures responding to different cultures, and thus allowing the establishment of a multi-ethnic civil society.

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