Concurrence between Family Maltreatment and Aggravated Stalking: The Supreme Court Clarifies with Ruling No. 22337 of 2025

The delicate boundary between the crimes of family maltreatment and stalking has always been a subject of intense jurisprudential debate. The Supreme Court of Cassation, with its recent ruling No. 22337, filed on June 13, 2025, offers an important clarification, establishing when the concurrence between these two serious criminal offenses is applicable, even in the presence of shared parenthood. This decision, presided over by Dr. R. P. and drafted by Dr. E. C., represents a firm point in the protection of victims of domestic and persecutory violence.

Maltreatment and Stalking: The Offenses Compared

Our legal system provides for two crucial criminal offenses to combat violence and oppression in personal relationships: Article 572 of the Criminal Code, which punishes maltreatment against family members and cohabitants, and Article 612-bis of the Criminal Code, which penalizes stalking. Although both protect the psychophysical integrity of the person, they differ in context and nature of the conduct.

• Family maltreatment (Art. 572 c.p.) requires a stable cohabitation or a family/quasi-family relationship, characterized by a "subjection bond," manifesting through repeated acts of physical or psychological violence, harassment, and humiliation that generate a climate of oppression.
• Stalking (Art. 612-bis c.p.) consists of repeated threats or harassment that cause a persistent state of anxiety, a well-founded fear for one's safety, or force the victim to alter their life habits. The aggravating circumstance occurs, among other things, if committed by an ex-spouse or ex-partner.

The most complex issue arises when abusive behaviors, initiated within a cohabitation context, continue even after its termination, assuming the characteristics of stalking. Jurisprudence has long debated whether, in these cases, a single crime (absorption) or two distinct crimes (concurrence) should be established.

The Supreme Court's Position: Concurrence of Crimes and End of Cohabitation

Ruling No. 22337 of 2025, concerning the case of the defendant G. S., intervenes on this delicate issue, partially annulling without referral the decision of the Court of Appeal of Cagliari of October 1, 2024. The Supreme Court has affirmed a legal principle of fundamental importance, which definitively clarifies the possibility of concurrence between the two crimes. The maxim of the ruling, which deserves to be quoted for its clarity, states:

In matters concerning the relationship between the crime of family maltreatment and that of stalking, the concurrence of the former with the aggravated form of the latter is applicable in the presence of violent and persecutory behaviors that, originating within the family community, continue after the cessation of cohabitation between the perpetrator and the victim, as the mere persistent sharing of parenthood cannot be recognized as relevant for excluding concurrence and deeming absorption.

This means that, even if violent and persecutory behaviors originated within a family or cohabitation relationship, if they continue systematically and abusively even after cohabitation has ended, the perpetrator can be held liable for both crimes. The Court has emphasized a crucial aspect: the mere fact that the perpetrator and the victim share parenthood, and therefore continue to have contact for child-rearing, is not sufficient to exclude the concurrence of crimes. In other words, the parental relationship cannot serve as a shield for post-cohabitation persecutory conduct.

The logic underlying this interpretation lies in the different nature of the legal interests protected and the change in the relational context. While maltreatment penalizes the violation of duties of assistance and solidarity inherent in the family unit, stalking protects the moral freedom and serenity of the person from invasive and destabilizing conduct, typical of a relationship that has now concluded and does not accept separation. The continuation of abusive conduct after the end of cohabitation takes on an autonomous connotation, constituting a new and distinct attack on the victim's freedom and integrity, now in the capacity of an "ex" and no longer just a "family member."

Conclusions: Enhanced Protection for Victims

Ruling No. 22337 of 2025 by the Supreme Court, in line with already established trends but overcoming some past discrepancies, significantly strengthens the protection of victims of domestic and gender-based violence. This pronouncement clarifies that the cessation of cohabitation does not offer a "pass" for persecutory behaviors, nor can shared parenthood be instrumentalized to justify conduct that infringes upon the freedom and serenity of the ex-partner. On the contrary, the legal system recognizes the seriousness and autonomy of such conduct, ensuring a more incisive criminal response.

For victims, this decision means greater awareness of their rights and the possibility of obtaining broader protection, not limited solely to the cohabitation phase. For legal professionals, the ruling offers clear guidance in applying the law, precisely distinguishing the different offenses and ensuring that violence and persecution find no legal loopholes. It is a fundamental step forward in ensuring justice and safety for those who suffer abuse, strongly reaffirming the principle that all forms of violence, in any context and relationship, must be firmly countered and punished.