Naples – A mother living in the Spanish Quarter will appear before the Naples Court next September to answer for alleged failure to comply with her minor son's compulsory education.
According to the prosecution's case, the woman had been identified as responsible for fulfilling the child's compulsory education and had failed to ensure the child's regular attendance during the year.
The warning and the contested absences
The documents refer to a warning issued pursuant to Article 114, paragraph 1, of the Consolidated Law on Education (Legislative Decree 16 April 1994, no. 297), notified by registered letter on 3 April 2024.
The charge stems from absences deemed unjustified and such, in quantity and continuity, as to constitute a violation of mandatory education. After the warning, according to the prosecution, the mother failed to provide any other means of providing education for the child, nor did she justify the absence with health reasons or other serious impediments, and she failed to report him to school within a week.
The new crime of the "Caivano Decree"
The proceedings fall within the framework of Article 570-ter of the Criminal Code (“Failure to comply with the obligation to educate minors”), introduced by the so-called Caivano Decree (Legislative Decree 159/2023).
The law has tightened the sanctioning system: it provides for imprisonment of up to
2 years in cases of failure to register and up to 1 year when the offense involves unjustified absences that constitute tax evasion, with criminal implications also linked to the persistence of the conduct after a warning from the administrative authority.
From the old 731 to the 570-ter: what changes
Article 570-ter repealed and replaced the previous contravention provided for by Article 731 of the Criminal Code (failure to comply with the obligation to attend primary school). However, this is not a simple renumbering: the Court of Cassation (ruling no.
30777/2025, as recalled in the text provided) excluded the regulatory continuity between the two cases, highlighting that the new regulation is more severe, extends the scope of the obligation and introduces an additional procedural step, the warning.
The defence
Attorney Massimo Viscusi will represent the woman. The hearing is scheduled for September before the Court of Naples.
Source EDITORIAL TEAM
Comments (1)
This is a very complex and difficult case, but it's unclear why the mother is being accused without first having had the opportunity to explain her reasons. We hope the court reaches a fair resolution for the child.