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La risposta penale agli abusi economico-affettivi nei confronti delle persone anziane

Marina Di Lello Finuoli (2024) — JUS-Online: Rivista di Scienze Giuridiche

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Synopsis

This article examines how criminal law responds to economic and emotional abuses of elderly people, focusing on definitions, risks, and potential reforms within the Italian system. It starts from a legal-policy frame: the elderly are treated as a vulnerable group in need of stronger protection, and recent safety-package measures have prompted proposals to strengthen sanctions for fraud when the victim is an older adult. The author surveys the statutory landscape, including proposed amendments to aggravated fraud under Article 640 of the Penal Code and the role of aggravating circumstances tied to the victim’s age, health, and dependency. Employing doctrinal analysis and reference to case law and legislative developments, the piece highlights two interrelated concerns. First, it analyzes so-called romance scams and other forms of financial abuse within intimate or familial relationships, considering how these conduct patterns interact with existing offenses such as fraud and mistreatment. Second, it scrutinizes the boundaries with the crime of circumvention of an incapable person, discussing how familial or caregiving contexts shape criminalization, non-punibility, and prosecutorial strategies. The author notes tensions between protecting vulnerable elders and preserving family dynamics, and between punitive only versus preventive or restorative approaches. The article closes with policy-oriented proposals and a comparative lens. Among the options discussed are adjusting the regime of non-punishment (Article 649) to better cover elder abuse in family settings, expanding the scope of punishable offenses, or calibrating penalties to reflect affections-based coercion. The author emphasizes balancing criminalization with non-penal remedies, preventive measures, and restorative justice considerations, rather than relying solely on broader penalties. The piece thus offers a source-grounded snapshot of the purpose, reasoning, and implications of proposed criminal-law responses to elder financial and emotional abuse.

Identified Gaps

The paper identifies major evidence and policy gaps: abuse of older adults is substantially underreported; reliable data are lacking on people in care residences, unauthorized facilities, and home confinement; and policy attention to aggravated fraud may neglect economic-emotional abuse in family, cohabitation, and care settings. It further questions whether adequate prevention resources were considered before increasing penalties.

Methods

This is a doctrinal legal analysis of Italian criminal law and proposed legislation. It reviews statutory provisions, constitutional and appellate case law, official crime statistics, and interdisciplinary literature on elder abuse, romance fraud, emotional dependence, and financial exploitation. It compares fraud, mistreatment, and exploitation of incapable persons, examines family-based non-punishment rules, and develops criminal-policy reform proposals.

Limitations

The article is primarily normative and doctrinal rather than an original empirical study. Its account of prevalence, victimization, and offender behavior relies on secondary official statistics, case law, and cited literature. The author notes underreporting and the absence of reliable data on some elder-care populations, limiting precise estimates of abuse and victimization.

Future Work

Future reform should reconsider Article 649 of the Italian Criminal Code so that offenses against elderly ascendants are at least complaint-based, restoring victims’ ability to activate criminal protection. Alternatively, the family-offense exemption could be excluded for property crimes involving moral violence or aggravated diminished defense. The paper also calls for preventive, protective, social-assistance, cultural-awareness, and restorative measures alongside criminal law.

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