News Supreme Court rulings August 2013

Ex-wife who starts a cohabitation with another man in the same apartment does not lose the allocation of the marital home

The Supreme Court of Civil Cassation in ruling no. 15753 of June 24, 2013 confirmed the assignment of the marital home, co-owned by the former spouses, to theex-wife , although the latter had entered into a more uxorio cohabitation.
In fact, the Supreme Court held that, in such a case, regardless of the new cohabitation, the interest of the children, entrusted exclusively to the mother, should be protected, first and foremost.

Marriage banns with an Italian save the non-EU national from the crime of illegal immigration

By ruling July 29, 2013 no. 32859, the Supreme Court ruled that an immigrant stopped by traffic police on Italian territory without a valid residence permit does not commit a crime and, therefore, cannot be deported if, as evidenced by ritual publications, he is in the process of getting married to an Italian citizen.
In fact, the Supreme Court points out that the non-EU citizen by contracting marriage with an Italian citizen intends to exercise a right provided for by the Italian legal system, which justifies the lack of documents making the conduct not punishable.

It is not a crime to make street signs “creative”

The Supreme Court in ruling no. 20789/2013 held that the defacement of road signs, carried out by a French graffiti writer who, by doing so, obliged the Tuscan municipality to replace all the road signs on which he performed his “works,” does not integrate the extremes of a crime.
The Supreme Court ruled that such a circumstance constitutes, in fact, a mere administrative offense not punishable by imprisonment but only, and exclusively, by a fine.