It consolidates the jurisprudence which has long taken a hard line on the breach of childcare economically dependent on their parents.
The ermine of the 6th Criminal Chamber, with the sentence no 43274/2009, have established that it is required to maintain the father (or mother according to the provisions in the separation) unemployed. unless the evidence from this 'last to be indigent.
giudicei The Supreme Court in particular have affermatoche "In terms of failure to meet the obligation to maintain, the mere indication of unemployment obligation is not sufficient to cancel out the obligation to provide a livelihood for the family, if it was not proven that the economic difficulties are translated into a state of real economic hardship. In this case there was no such evidence of the proceedings, the accused is not proof of indigence ".
Even the economic problems raised by the criminal liability the debtor spouse.
fact, on the same line of the earlier ruling to the Supreme Court (No. 47018) has stated that the economic difficulties (unchanged before and after separation), perhaps also related to the downturn in which the spouse is obliged to maintain the owner, not lift him from criminal responsibility for failure to pay the check.
In reasons we read that "the economic hardship is not grounds for exemption from the obligation to maintain the separated spouse, if the financial situation of the person concerned has not changed since the separation, relation to which the judge had quantified the amount of the payment, and the current situation ".
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