14 Nov abuse in the family

For the purposes of configuring the crime of mistreatment, the identification of systematic conduct is not required – notion, the latter, which sends to the pre-ordination and structuring of a real program aimed at humiliation and annihilation of the victim – being, instead, the habituality with respect to which the fraud is identifiable in the agent's awareness of persisting in vexatious activity is necessary and sufficient. Such awareness does not require (and therefore ignores) from the existence of a specific criminal program, towards which the series of criminal conducts, since their initial representation, are finalized, program, instead, peculiar to the institution of continuation. E’, therefore, enough, for the purposes of the existence of willful misconduct, the awareness of the offender of persisting in a criminal activity, already in place previously, suitable to damage the interest protected by the incriminating law: the unitary and programmatic aspect of fraud is not expressed, therefore, in the sense of requiring the pre-ordination of a criminal program but acts as a unifying element of the plurality of acts damaging the victim's personality and takes the form of the inclination of the will to an oppressive and prevaricating, in the repetition of ill-treatment, it goes on realizing and confirming, so that the guilty party agrees to commit the individual abuse with the awareness of persisting in an illegal activity, already put in place other times (Cass. 32782/19).