Decision of the Court of Cassation, VI Criminal Section, No. 45266 of 14 October 2014

The Court of Cassation stated that there were no grounds for deferring to the Constitutional Court a question concerning the legitimacy of Article 574 bis of the penal code as compared with principles enshrined in Articles 25 and 3 of the Constitution (rule of law in criminal matters and equality principle, respectively). Article 574 bis has criminalized the abduction or retention of a child abroad having as a result to prevent the entitled person from exercising his, or her parental authority over the child. This offense is described in Article 574 bis clearly enough as to allow its distinction from similar offenses, such the offenses of abduction or retention of disabled and other incompetent persons, or the abduction of children occurring not abroad.

  • Original language: Italiano