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Italian Supreme Court of Cassation, Criminal Section VI, No. 12089/2012, 28 March 2012

Abstract

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

Normative references

Art.571, art. 572 Italian criminal code

Ruling

The infringement of the fundamental rights of the person is an "insurmountable barrier" against the introduction of "anti-historical" habits, practices and customs in contrast with the inviolable rights guaranteed by the Constitution. Therefore, the supposed educational purpose based on the ethical-religious code of the Muslim father does not excuse the crime of mistreatment in the family against his minor daughter because she is not able to perfectly repeat the verses of the Koran