Abuse of domestic relations after cohabitation: Cassation n. 12290/2025 on the aggravating circumstance under art. 61 no. 11 c.p.

With judgment no. 12290 of February 4, 2025 (filed March 28, 2025), the Fifth Criminal Section of the Court of Cassation has once again ruled on the common aggravating circumstance referred to in art. 61, paragraph 1, no. 11 of the Italian Criminal Code (c.p.), outlining a particularly broad scope of application. The decision, which confirms the conviction issued by the Court of Appeal of Caltanissetta against G. P., reiterates that the facilitation derived from previous cohabitation relationships can qualify as an aggravating circumstance even when the cohabitation has ended some time ago.

The facts and the Cassation's decision

The defendant, who had previously lived with the victims, had taken possession of money and jewelry by using knowledge acquired during their shared domestic life. The defense contested the applicability of the aggravating circumstance, arguing that the cohabitation had ended before the theft. However, the Supreme Court upheld the lower court's judgment, holding that the cessation of cohabitation does not exclude the abuse of domestic relations, provided that the previous relationship concretely facilitated the criminal act.

The common aggravating circumstance of abuse of domestic relations can be established even if the state of cohabitation with the victim has ceased before the commission of the unlawful conduct. (Case concerning theft, in which the Court held that the pre-existing cohabitation with the victims had facilitated the commission of the crime, as the perpetrator was aware of the places where the money and jewelry stolen from the victims were kept).

The legal maxim clarifies that the fiduciary bond established in the domestic sphere produces legal effects even beyond the material duration of cohabitation: what matters is the causal facilitation in the commission of the crime.

The aggravating circumstance of art. 61 no. 11 c.p.: requirements and rationale

The provision more severely punishes those who, "with abuse of authority, domestic relations, cohabitation, or hospitality," commit crimes against property or persons. The ruling under review highlights two fundamental requirements:

• Prior qualified relationship: cohabitation, kinship, affection, or other form of stable domestic relationship.
• Facilitation nexus: the perpetrator exploits knowledge or opportunities gained in that relationship to carry out the illicit act.

The rationale is to protect the trust placed in the domestic sphere, the violation of which carries greater social disvalue. Consistently, the Court had already expressed similar principles in rulings no. 41586/2017, 44042/2024, and 6433/2008.

Procedural and defense aspects

The judgment requires defense counsel to pay greater attention to presenting evidence that excludes the causal link between cohabitation and the crime. It will be crucial to demonstrate, for example, that the defendant no longer possessed privileged information or that such information had become obsolete.

For the prosecution, conversely, the burden will be to prove that the knowledge of the victims' locations or habits derived precisely from the previous domestic relationship, and they can rely on testimonies, messages, or other documentary evidence.

Conclusions

Cassation n. 12290/2025 consolidates a strict approach: the aggravating circumstance of abuse of domestic relations does not cease with the end of cohabitation but extends over time if the relationship has left an informational asset useful for the crime. The principle strengthens the criminal protection of trust and invites both defense attorneys and public prosecutors to precisely assess the link between the prior relationship and the illicit conduct. A warning, therefore, for those who think they can avoid a more severe penalty simply because they have turned a new page in their housing situation.