aggravating factor best interests of the child capacity capacity to testify capacity to think and will capacity to understand case law civil law consumer protection Court of Cassation criminal execution criminal law defendant's capacity diminished capacity donation due process exclusive custody expert assessment expert opinion exploitation of incapacity family law guardianship guardianship judge incapacity incapacity to act inheritance inheritance law inheritance rights Italian jurisprudence judgment judgment 48832 natural incapacity online fraud order 9904/2024 parental capacity power of attorney procedural protection psychiatric evaluation right to defense robbery ruling ruling 23283 separation succession support administration Supreme Court testamentary capacity testamentary successions testimony vulnerability will