The Criminal Code describes the crime in general, in the First Book. In the Book According to describe the crimes one by one. The Second Book is divided into thirteen titles, which cover, respectively, crimes against the state, crimes against public administration, crimes against the administration of justice, crimes against religious sentiment and against the piety of the deceased, crimes against 'public order, crimes against public safety, crimes against public faith, crimes against the public economy, industry and trade, crimes against public morality and decency, offenses against the integrity and health of race (repealed), crimes against the family, offenses against persons, crimes against property.
In particular, the title which deals with crimes against the person, is divided into three chapters (Chapters), which respectively define the offenses against life and limb, the libel and crimes against individual freedom. This chapter deals with crimes against the person (basically slavery and plagiarism), crimes against personal liberty (including, kidnapping, illegal arrest, unlawful restriction of personal freedom, search or inspection arbitrary personal, sexual assault, corruption of minors, ignorance of the age of the victim) of crimes against moral freedom (private violence and threat) of crimes against the sanctity of the home and of crimes against the sanctity of the secret.
By Decree-Law 23 February 2009, n. 11, converted into law April 23, 2009, No 38, introduce a new type of crime, consisting of "persecution 'this crime is included among the crimes against the moral freedom, which therefore constitutes a crime against individual liberty. The act consists of persecution on the basis as defined by the law, conducted repeated threats or harassment of someone, in modo da cagionare un perdurante e grave stato di ansia o di paura ovvero da ingenerare un fondato timore per l'incolumita' propria o di un prossimo congiunto o di persona al medesimo legata da relazione affettiva ovvero da costringere lo stesso ad alterare le proprie abitudini di vita. Per questo tipo di reato, la pena prevista viene aumentata se la persona offesa sia un minore o una donna in stato di gravidanza oppure una persona con disabilita'; è altresì aumentata se il reato viene commesso con armi o da una persona travisata.
L'atto persecutorio, per essere tale, deve dunque risultare dalla presenza simultanea di due aspetti: uno dei due aspetti riguarda chi commette il reato, che must act repeatedly, the other aspect is the victim, who is forced to change their habits because of a serious and continuing state of anxiety (art. 612-bis of the Criminal Code). In the presence of only one of two ways, the offense is as a threat (the threat of procuring an unjust injury) or private violence (forced to do, tolerate or omit something). Of course, not as I am neither a lawyer nor a criminal, I do not pretend, in this post, to teach criminal law, but I try to give my personal contribution to the reading of texts that, by law, ordinary citizens can not ignore although it has not given to judge the actions of others (because this is for institutional of judges).
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