https://doi.org/10.4081/psyco.2019.231
Evolution of the concept of abuse of means of correction and discipline
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Authors
The crime of abuse of means of correction and discipline connotes punishment pipeline generally lawful, such as those relating to the use of the means of correction and discipline against a subject about which you have any disciplinary power, but that present an excess sufficient to overcome the rehabilitative purpose inherent in the aforementioned means alone which involves the legality of their forecast without falling in the application of an offense under Article. 571 penal code, modified never in literal text. Historically the interpretation of the scope of such incriminating case was not easy, as it has suffered more than other rules of the evolution of social customs, family and more generally cultural, which definitely has inevitably impacted on the scale of the notion abuse. The jurisprudence of the Supreme Court, such as about who has promptly implemented the guidelines, has greatly expanded the area of the illegality of the means of correction and discipline, reaching now to encompass any form of violence also moral or psychological, which It is therefore totally banned from the range of application of the provision and the use of means not only illegal but also whether former lawful when modified the underlying disciplinary order, which so discriminate more behaviors that the active subject holds despite a rehabilitative purpose actually, as it was considered by the jurisprudence dating.
