Cassation Ruling No. 15909/2025: When the Non-Payment of Family Support is Already a Crime under Art. 570-bis of the Italian Criminal Code

With ruling No. 15909, filed on April 24, 2025, the Supreme Court returns to the delicate and crucial issue of criminal protection for family support. The case concerned the defendant B. P. M. L. P., who was convicted on appeal for failing to pay the support ordered for his children. The Cassation Court confirms the decision, offering highly significant clarifications for parents, lawyers, and legal professionals.

The Regulatory Framework: Articles 570 and 570-bis of the Italian Criminal Code

The crime of violating family support obligations, historically provided for by Article 570 of the Italian Criminal Code, was "strengthened" by Article 570-bis, introduced by Legislative Decree No. 21/2018. This provision punishes anyone who, "in violation of a court order [...] fails to pay sums intended for maintenance". The ruling under review focuses on two key aspects:

• the objective aspect: the breach of the financial obligation established in the civil order;
• the link to the state of need of the beneficiary family member, which is no longer considered necessary for the crime to be constituted.

The failure to pay sums established in civil proceedings constitutes the crime of violating family support obligations under Article 570-bis of the Criminal Code, as it is not necessary to verify whether this has resulted in a lack of means of subsistence, since the breach itself constitutes the object of the criminally relevant precept.

The maxim is crystal clear: for the Cassation Court, the focus shifts from the effect (lack of means of subsistence) to the conduct (breach). In other words, the mere delay or omission of payment of the sums due is sufficient to constitute the typical offense, regardless of the economic conditions of the ex-spouse or children.

From Civil to Criminal Law: Why Does Everything Change?

In practice, those who fail to pay support often defend themselves by arguing that the beneficiary is not in a state of need. Following ruling 15909/2025, this line of defense loses much of its strength: the Court holds that the legislator, with Article 570-bis, intended to disconnect criminal intervention from complex financial assessments, prioritizing prompt protection.

The Supreme Court refers to consistent precedents (Cass. 47158/2022; 4677/2021) and emphasizes that the criminal precept is based on the relationship of entrustment created by the civil ruling: violating it means harming the public interest in protecting vulnerable individuals.

Practical Implications for Obligors and Defense Counsel

The decision has significant operational consequences:

• the obligated party in difficulty must promptly request a modification of the amount from the civil judge: self-help is not permitted;
• arrears accrued before any revision remain criminally relevant;
• performance post delictum (after the offense) can only affect the penalty (Art. 162-ter of the Italian Criminal Code), not the existence of the crime.

At the same time, the beneficiary can consider, alongside ordinary enforcement measures, filing a complaint or reporting the offense to prompt criminal intervention, which now appears more "automatic."

Conclusions

Ruling No. 15909/2025 confirms a now consolidated trend: the non-payment of family support is sufficient in itself to constitute a crime under Article 570-bis of the Italian Criminal Code. The Court thus protects the right of minors and the ex-spouse to receive certain and timely means of subsistence, strengthening the effectiveness of civil decisions. For those assisting the obligated spouse, the watchword becomes prevention: acting promptly in civil proceedings is the only way to avoid criminal repercussions.