morally and psychologically violent conduct and threats against the worker integrates the crime of domestic violence and abuse in the family or mobbing if there is no state of awe and supremacy the worker. (Judgement of the Court of Cassation of 21 December 2010 No 44,803)
The case concerned the relationship between a worker and workshop leader, and not the employer and therefore has no power to direct and regulate.
The Supreme Court has, on the configuration of the offense under Article. 572 cp "abuse in the family or to children," notes that in an employment relationship, this crime occurs when the interpersonal relationship between agent and taxpayer is characterized by a power exercised authoritative, in fact or in law, first to the second.
This situation, typical traditional scope family (husband-wife relationships, life partners, children and parents) was subsequently extended to labor relations. In this case, for the configurability of this crime, it is necessary that the actor as being in a position of supremacy not only formal but substantial, that result from the exercise of a power management or disciplinary reasons, many in a considerable state of awe, even a moral and psychological the taxpayer.
In the case of that sentence, not being able to recognize its true supremacy-awe "among the worker and workshop leader, the judges of the Supreme Court took the view that it constitutes the crime of maltreatment (art. 572 cp) nor that of bullying (Article 62 bis), but the offense ongoing deterioration of private violence (Article 61 paragraph II cp).
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