Stalking and the Aggravating Circumstance of Warning: Clarifications from the Court of Cassation in Ruling No. 9395/2024

Order No. 9395 of 2024, filed on March 6, 2025, addresses a central issue in combating stalking behaviors: the scope of the aggravating circumstance when the perpetrator has already been warned by the police commissioner pursuant to Article 8 of Law Decree 11/2009. The Fifth Criminal Section of the Court of Cassation rejects the defendant's appeal, reaffirming a legal principle that expands the protection afforded to stalking victims.

The Core of the Decision

The Supreme Court upholds the conviction issued by the Court of Appeal of Trento, establishing that the aggravating circumstance of the warning applies even when the victim of the new acts does not coincide with the original victim of the incident that led to the warning. The issue arose before the reform introduced by Law 168/2023, but the Court of Cassation clarifies that the principle also applies retroactively.

In matters of stalking, for the applicability of the aggravating circumstance of the act having been committed by an individual already warned by the police commissioner, it is not necessary, even for acts committed before the amendment of Article 8 of Law Decree No. 11 of February 23, 2009, as amended by Law No. 168 of November 24, 2023, that there be an identity between the victim and the victim of the conduct that gave rise to the warning.

In other words, the aggravating circumstance aims to deter repeated and serial behaviors, irrespective of the victim's identity. The rationale is clear: those who ignore the warning demonstrate a high social danger that the legislator intends to punish more severely.

Legal Framework and Jurisprudential References

• Article 612-bis of the Italian Criminal Code: Punishes stalking with a base penalty of 1 to 6 years.
• Article 8 of Law Decree 11/2009: Regulates the police commissioner's warning.
• Law 168/2023: Explicitly extended the aggravating circumstance to cases involving different victims, eliminating any interpretative doubt.

The ruling under review follows a path already laid out by previous judgments, including Cass. No. 1035/2022 and No. 639/2025, which had opened the door to an expansive interpretation of the aggravating circumstance. With this latest ruling, the Court consolidates the trend, overcoming residual application uncertainties prior to the 2023 reform.

Practical Implications for Professionals

For lawyers, magistrates, and law enforcement officers, the principle expressed entails:

• Greater ease in invoking the aggravating circumstance, without needing to prove the identity of the victims.
• Higher penalties for repeat stalkers, with deterrent effects.
• Broader protection for potential new victims, who are not excluded from the benefits of the provision.

From a defense perspective, it will be crucial to focus arguments on other aspects – for example, the conduct's ability to cause a persistent state of anxiety or its habitual nature – as the defense line based on the victim's different identity is now receding.

Conclusions

Ruling No. 9395/2024 confirms the Court of Cassation's rigorous approach to the phenomenon of stalking, harmonizing the criminal system before and after the 2023 reform. Those who have already been warned by the police commissioner can no longer hope to avoid the aggravating circumstance simply because they have directed their persecutory conduct towards another person: the message is clear and moves towards effective and timely protection of victims.