Defence and protection in criminal proceedings involving the family unit, with careful attention to the balance between defensive strategy and the protection of the most vulnerable parties.
We assist the client — whether person under investigation, defendant or victim of the offence — in offences committed within the family context.
Defence and representation in proceedings under art. 570 c.p., assessing the omissive conduct, the actual financial capacity of the obligor and the existence of the state of need. We also assist in the aggravated cases under art. 570-bis c.p. connected to non-compliance with obligations established in separation or divorce proceedings.
Defence and representation in proceedings for mistreatment in the family (art. 572 c.p.), an offence characterised by habitual conduct. The Firm analyses the actual existence of sustained abusive conduct, manages personal precautionary measures (removal from the family home, restraining order) and builds the defensive line or the civil-party action with attention to documentary and testimonial evidence.
Assistance in proceedings under art. 574 c.p., which punishes the abduction of a minor from the parents or guardian exercising parental authority. We assess the awareness of the unlawfulness of the conduct, the role of the non-custodial parent and the impact of custody arrangements ordered in civil proceedings on the criminal case.
Defence in proceedings under art. 574, paragraph 2, c.p., concerning the abduction of a person incapacitated by mental or physical infirmity from those who have care or custody of them. The assessment focuses on the link of incapacity and on the role of the parties responsible for protection.
Particular experience in cases under art. 574-bis c.p., with specific expertise in Italy-Spain cases. We coordinate criminal action with civil repatriation proceedings activated under the 1980 Hague Convention, protecting the position of the victim parent and managing the defence when the charge appears to be the consequence of jurisdictional conflicts.
Assistance in proceedings for stalking (art. 612-bis c.p.) committed by a spouse, former spouse or cohabitant, with particular attention to specific aggravating circumstances. We handle precautionary and preventive measures — police caution (ammonimento del Questore), restraining order — both for the defence of the person under investigation and for the protection of the victim of the offence.
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