With the judgement n. 53823 the Court of Cassation excluded the aggravating factor in cases of mistreatment in the family in the presence of very young children.

The Supreme Court motivates the decision by reasoning that the aggravating circumstance pursuant by the art. 61 paragraph 11-quinquies c.p. assumes that the fact has greater severity because of its greater offensive potential related to the presence of minors: implying that it is verified that the minor, because of his psycho-physical condition or level of maturity, is in a condition not only to recognize the nature of the crime but to perceive the discomfort that derives from it.

In the present case, however, the child was only one year old at the time of the events, and according to the Court of Cassation, the Court of Appeals relied on references not proportional to the actual and concrete conditions of the child and the specific nature of the events.

The Court of Cassation annulled the appealed judgement and deferred it to another section of the Court of Appeals.