No charge if couple is in crisis and spouse runs off with mistress.

The Supreme Court, in Order no. 11162/2019, ruled that if a spouse leaves the marital roof to elope with a lover, the separation is not chargeable if when he or she elopes the marriage was already in crisis.

The Supreme Court came to the aforementioned conclusion, stating that in order to charge the cheating spouse with separation, it is necessary to prove that it was the abandonment of the marital home to elope with the lover that was the cause of the breakup of the relationship and the intolerability of cohabitation.

In fact, the Court continued, it is not a breach of a marital duty to cease cohabitation when the emotional bond between the spouses has now permanently broken down, and therefore, in such cases, abandonment of the marital roof is permissible.

It is a crime to enter the Facebook profile of the partner

Courts of legitimacy have ruled (Judgments No. 2905/2019) that a partner who enters each other’s Facebook profile risks a conviction for the crime of abusive access to a computer and telecommunications system.

Although the man was able to access his wife’s FB profile because the username and password had been communicated to him by the latter the Ermellini, recalling a similar case (Cass., Sent. no. 52572/2017), hold that knowledge of the access credentials, however, does not exclude the abusive nature of the accesses made.

Convicted woman who lived with 33 cats at home

The Supreme Court affirms that it is a crime to keep numerous animals at home in conditions that are incompatible with their nature and such as to cause them severe suffering resulting from the overcrowded conditions and poor hygienic conditions of the premises.

The court upheld the conviction against a woman who was responsible for keeping as many as 33 cats at her apartment in a manner deemed incompatible with their nature.

To no avail were the justifications of the woman who produced the health records of the cats, the invoices for the purchase of food also differentiated by age of the animals, and the veterinarian’s report stating that the diseases found in the animals could have occurred for reasons other than neglect of care or overcrowding.