Commentary on Judgment No. 36567 of 2024: Failure to Pay Child Support for Minor Children

Judgment No. 36567 of June 27, 2024, issued by the Court of Cassation, has sparked heated debate regarding family assistance obligations and the legal consequences arising from the failure to pay support for minor children. This ruling meticulously analyzes the relationship between the offenses provided for by Articles 570 and 570-bis of the Italian Penal Code, clarifying the circumstances under which an omission can constitute a specific crime.

Regulatory Context and Case Facts

The Court examined the case of a defendant accused of failing to pay the support ordered in civil proceedings for the maintenance of his minor children. According to the Court, the failure to pay such support results in the lack of subsistence means for the minors, constituting a violation of Article 570, paragraph two, no. 2, of the Penal Code, concerning family assistance obligations. Furthermore, it was clarified that the crime under Article 570-bis, which punishes the violation of family assistance obligations, is absorbed by the crime of failure to pay support for minor children.

The Ruling's Principle

Minor Children - Failure to Pay Support Ordered in Civil Proceedings - Lack of Subsistence Means - Art. 570, paragraph two, no. 2, Italian Penal Code - Configurability - Existence - Crime under Art. 570-bis Italian Penal Code - Absorption - Reasons. The failure to pay support for minor children, as ordered in civil proceedings, constitutes the crime under Art. 570, paragraph two, no. 2, Italian Penal Code, and not also the violation of family assistance obligations under Art. 570-bis Italian Penal Code, which remains absorbed. This occurs when such omission leads to the failure to provide subsistence means, because, to the core conduct common to both offenses, consisting of the violation of the obligation of material assistance as a projection of the duty of care, only in the first crime is added the specific element of the consequent deprivation of subsistence means.

Implications of the Judgment

This judgment clarifies that the failure to pay support for minor children not only represents a violation of assistance obligations but can also constitute a criminal offense. Below are some key considerations:

• The importance of child support for the subsistence of minors.
• The link between failure to pay and criminal liability.
• The differences between the offenses under Articles 570 and 570-bis of the Italian Penal Code.

In this context, the judgment reiterates the need to ensure the protection of the rights of minor children and the responsibility of parents in providing adequate financial support.

Conclusions

Judgment No. 36567 of 2024 represents a significant step forward in protecting the rights of minor children and defining parental responsibilities. It emphasizes that the omission of assistance obligations can have criminal relevance, drawing attention to a perpetually relevant and sensitive issue. It is crucial for parents to understand that the failure to provide subsistence means is not merely a civil matter but can entail serious criminal repercussions, with significant implications for the well-being of the minors involved.