Roma children to beg their parents: it is not slavery and it is less serious if part-time
The Supreme Court annulled the sentence imposed by the courts of Naples to a nomadic
because the offense is not " slavery "but" abuse in the family "
article from Repubblica.it
ROME - A mother who is begging for carrying young children respond to ill-treatment but not of slavery. Provided, however, that the time spent begging is limited time in office, from 9 to 13. With a comprehensive decision the Supreme Court addresses the "unstable" boundary between enslavement, or abuse in the family needs dictated by the strong poverty, and try to judge "fairly" in those situations when "the begging is a condition of life deeply rooted in traditional culture and mentality of some people "like the one where the Roma parents to beg on the streets with her children.
I giudici della quinta sezione penale hanno perciò annullato in parte la condanna a 5 anni di reclusione per l'accusa di "riduzione in schiavitù" inflitta dai giudici della corte d'Assise d'appello di Napoli a una giovane nomade che era stata fermata mentre chiedeva l'elemosina nel casertano portando con sé i figli piccoli.
Secondo la Cassazione il comportamento della donna deve essere punito, ma secondo quanto stabilisce il reato meno grave di maltrattamenti in famiglia. Per questo il verdetto dei giudici di merito è stato annullato con rinvio e il nuovo processo, dopo aver tenuto conto delle osservazioni dei giudici di piazza Cavour, dovrà anche stabilire la nuova pena, inferiore rispetto alla precedente condanna.
The appeals court in Naples in January was sentenced to five years imprisonment Mia V. for enslavement because surprise twice by police sitting on the ground with the next 4 year old son for hours on foot, begging passers-by. On appeal, the defense had appealed to my "Mangel", begging usually practiced by nomadic peoples.
According to the judges of the supreme court was not regarded as the crime of slavery because it was necessary to keep in mind especially for "parents who have authority over their children rather blurred the boundary between authority and abuse." Especially when according to the judges they are "some communities for example, where ethnic begging is a condition of life deeply rooted in traditional culture and mentality of these people. "
In essence, the Supreme Court to reflect on factual rather than on an abstract legal principle, and "does not criminalize conduct that fall within the cultural tradition in a nation." According to the judges instead of the nomadic Campania had "taken advantage of a situation of mental inferiority of the child forced into begging for purposes of economic exploitation."
analysis of If the lower courts had already found that the woman begging on the street for only a few hours. Situation very different, according to the judges, the "conduct of those who buys a child and use it continuously in begging appropriating money."
In this case, according to the supreme court, we can only speak of "abuse in the family." Therefore, the ruling was annulled by the appeal court to a new decision on the configuration of this other crime.
(November 28, 2008)
