Law Firm, Carlo Florio, Attorney at Law
Criminal Law

After the Legislative Decree no. 7/2016 (see the short comment), the crime of obloquy ex art. 594 c.p. and all its related references in the following articles 596, 597 and 599 c.p. disappear from the criminal code. For what it may concern art. 599 c.p., about retaliation and provocation in cases of obloquy and defamation, the first paragraph (possible non-punishment of mutual insults) and the third paragraph (the offender's position has not filed lawsuit) have been abrogated.

The new civil wrong of obloquy, is defined as the conduct of those who offend the honor or dignity of a person present, or by telegraph, telephone, by computer or telematics means, or by writings or drawings, direct to the victim. This civil wrong is punished with a civil penalty from a minimum of € 100,00 to a maximum € 8,000.00 (art. 4 Legislative Decree no. 7/2016).

Similarly to the abrogated criminal provisions, if the offenses are mutual, the judge my decide not to apply the civil fine to one or both offenders and is not punishable who has committed the act in a state of anger that was determined by an unjust event caused by others, and immediately after it.

Also, similarly to the abrogated criminal provisions, it 'also provided a more serious form of this obloquy civil wrong, punishable with a civil fine from € 200.00 to € 12,000.00, when the offense consists in the attribution of a given fact or is committed in the presence of more people.



Como, 12 February 2016

FWT Homepage Translator