June 1, 2013
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.
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.
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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The project aims at realizing a “quick alert” system in the case of child abduction.
- Definition of the protocol to ensure that once the case of child abduction has been communicated to the police, the alert mechanism is promptly launched through a study of the procedures already in force in other EU countries, the analysis of the resources available to all Bodies involved and the evaluation of their competences.
- Definition of a central authority at national level with the clear responsibility for directing and coordinating available techniques and human resources.
- Management of a joint web portal including two main areas: a public area for memorizing the alarm information and an area limited to the bodies responsible for starting up the procedure on transmission via radio (TV / Radio / mobile telephone companies and others).
- Coordination between all security forces and the competent authorities, the national network of the Public Administration, civil society and NGOs.
- Judicial and security system which deals with child disappearance.
- Definition of the Protocol and Bodies involved in the alert procedures.
- Memoranda with media and Bodies involved in the communication phase.
- Realization of the portal.
On 8 March 2011 in Rome the ceremony to undersign the Agreement as regards the establishment of an Italian “Child Abduction Alert” system will take place, which shall allow for the utmost diffusion, among the population, of the information useful for localizing abducted children in the very short term.
The event will open with the welcome address by the Vice Director General for Public Security – Central Head of the Criminal Police, Prefect Francesco Cirillo, and will continue with the presentation of the project by the Head of the Service for Police Force International Cooperation, Gen. B. Guardia di Finanza, Francesco Lisi. The event will be closed with a press conference to be held after the undersigning of the Agreement.
The Project funded by the European Commission, has been the result of a profitable partnership between Police Forces, institutions and private bodies, of which the Central Direction of the Italian Criminal Police has been the leading structure.