Decision of the Court of Cassation, VI Criminal Section, No. 26097 of 21 May 2013 (13 June 2013)

In deciding on the appeal against a decision of second instance concerning an offense of suppression of the legal status of a new born child, the Court of Cassation clarified that this offense consists in hiding the existence of the child  to all those entitled to register his/her birth, for a prolonged period of time. In this way, the child is deprived of his/her right to be recognized as a person before the law and of all the rights of the individuals, in contrast with Articles 16 and 24 of the International Covenant on Civil and Political Rights and Articles 7 and 8 of the Convention on the Rights of the Child. On the grounds of the jurisprudence of the Constitutional Court, the Court of Cassation annulled the judgment as for the decision of imposing the loss of parental authority as a further penalty, without previously assessing the best interest of the child.