International Parental Child Abduction in Italy


June 1, 2013

Source: legalsl.com

The parental child abduction under the Italian Criminal Law

The child abduction is a crime under the Italian Criminal Law, even when it is committed by one of the parents.

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Pursuant  to Article 570 of the Italian Penal Code, the person who subtracts to the parent or other guardian, a child under fourteen years of age or an unsound mind, or holds them against the will of the parent or other guardian, shall be punished with imprisonment from one to three years.

A complaint of the parent (or other guardians) is required in order to start a lawsuit against the abductor.

About the international parental child abduction, pursuant to Article 570-bis of Italian Penal Code, unless the fact constitutes a more serious offense, the person who subtracts a child to the parent or other guardian, leading or holding him abroad against the will of that parent or guardian, shall be punished with imprisonment from one to four years.

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If the offense is committed against a child who has reached the age of fourteen and with his consent, the penalty of imprisonment will be from six months to three years.

If the crimes are committed by a parent, the sentence involves the suspension of the exercise of parental authority.

Italy is a member State of the 1980 Hague Convention on the civil aspects of international child abduction.

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