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

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

The Core of the Decision

The Supreme Court confirms the conviction handed down by the Court of Appeal of Trento, establishing that the aggravating circumstance of a warning also applies 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 No. 168/2023, but the Court of Cassation clarifies that the principle also applies retroactively.

In the context of stalking, for the applicability of the aggravating circumstance of the perpetrator having been previously warned by the police commissioner, it is not necessary, even for acts committed before the amendment of Article 8 of Legislative Decree No. 11 of February 23, 2009, as amended by Law No. 168 of November 24, 2023, that there be a coincidence between the victim and the victim of the conduct that led to the warning.

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

Legislative 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 Legislative Decree No. 11/2009: Regulates the police commissioner's warning.
• Law No. 168/2023: Explicitly extended the aggravating circumstance to cases involving different victims, eliminating any interpretative doubt.

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

Practical Implications for Operators

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

• Greater ease in invoking the aggravating circumstance, without having to prove the coincidence of 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 defence perspective, it will be crucial to focus arguments on other aspects – for example, the conduct's suitability to cause a persistent state of anxiety or its habitual nature – as the defence 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.