The atrimonial abuse of vulnerable relatives in the absolutory excuse of Art. 268 of the Criminal Code

Abstract

In 2015, the legislator introduced a new exception to the possibility of exonerating relatives mentioned in Article 268 of the Criminal Code from criminal liability for property crimes committed against each other. Now, not only violent or intimidating attacks on property are excluded from this exemption, but also those committed by exploiting the vulnerability of the victim due to age or disability. This paper analyzes how these causes of vulnerability should be interpreted and the issues arising in case law when determining the circle of vulnerable relatives in the context of property crimes. Additionally, it addresses the insufficiency of this new exception in protecting other equally vulnerable relatives and the politicalcriminal contradiction posed by maintaining Article 268 of the Criminal Code while simultaneously preventing economic violence within the family context.