Domestic Abuse or Stalking? The Court of Cassation Redefines Boundaries After Cohabitation Ends (Cass. Pen. No. 29928/2025)

The Court of Cassation, with judgment no. 29928 of 2025, has clarified the boundaries between domestic abuse (Article 572 of the Criminal Code) and stalking (Article 612-bis of the Criminal Code) after the termination of a "more uxorio" cohabitation. This ruling, which annulled with referral a decision by the Court of Appeal of Naples (G. L. case), is crucial for the interpretation of the concepts of "family" and "cohabitation," redefining legal protection.

The Context: Article 572 c.p. vs. Article 612-bis c.p.

The distinction between domestic abuse and stalking is fundamental. Article 572 c.p. punishes those who abuse a family member or cohabitant. Article 612-bis c.p. (stalking) punishes repeated conduct that causes anxiety, fear, or alteration of life habits. The Court of Cassation has specified when, after the end of cohabitation, conduct falls under one or the other category.

The Narrow Notion of 'Family' and 'Cohabitation'

The Supreme Court, with rapporteur M. S. Vigna, has interpreted "family" and "cohabitation" restrictively for Article 572 c.p., invoking the prohibition of analogical interpretation. A parental relationship is not sufficient. The relevant "family" and "cohabitation" are those characterized by a deep-rooted and stable emotional relationship, a lasting community of affections with reciprocal expectations of mutual solidarity and assistance, based on marriage, kinship, or stable sharing of the home.

From Cohabitation to Stalking: The Ruling

The focal point of judgment no. 29928/2025 is that, after the termination of "more uxorio" cohabitation, harassing and abusive conduct no longer constitutes the crime of domestic abuse but falls under the aggravated form of stalking (Article 612-bis, paragraph two, c.p.). The full ruling clarifies:

the prohibition of analogical interpretation of criminal provisions requires that the concepts of "family" and "cohabitation" referred to in Article 572 of the Criminal Code be understood in the narrowest sense, as a community characterized by a deep-rooted and stable interpersonal emotional relationship and a lasting community of affections implying reciprocal expectations of mutual solidarity and assistance, based on marriage or kinship, or, in any case, on a stable sharing of the home, even if not necessarily continuous. Therefore, the aggravated form of stalking under Article 612-bis, paragraph two, of the Criminal Code, and not the crime of domestic abuse, is constituted when the repeated harassing and abusive conduct is perpetrated by the defendant after the termination of "more uxorio" cohabitation with the victim. (Case in which the Court excluded that the crime of domestic abuse should be recognized solely on the grounds of the persistence of a shared parental relationship between the defendant and the victim).

A parental bond is not enough to constitute domestic abuse if there is a lack of "stable sharing of the home" and "community of affections." The victim is protected through stalking offenses, with a specific aggravating circumstance for ex-partners. Implications:

• Scope of Protection: Article 572 c.p. protects the family unit; Article 612-bis c.p. protects moral freedom.
• Prerequisites: Domestic abuse requires a context of common life; stalking offenses are constituted even at a distance.

Conclusions: Clarity for Legal Protection

Judgment no. 29928 of 2025 brings clarity to the relationship between domestic abuse and post-cohabitation stalking. This redefinition makes victim protection more precise. It is essential to understand this distinction for effective law enforcement and to achieve justice and protection. Specialized legal consultation is indispensable.