Judgment No. 15098 of 2024: Cartabia Reform and Ex Officio Prosecutability in Criminal Law

Judgment No. 15098 of March 27, 2024, issued by the Court of Cassation, offers an important interpretation of the changes introduced by Legislative Decree No. 150 of 2022, known as the Cartabia Reform. This decision highlights how the commencement of the period for filing a complaint can influence the ex officio prosecutability of certain offenses, particularly in relation to the assertion of aggravating circumstances.

The Legal Context of the Judgment

The Court ruled on a case of electricity theft, where the public prosecutor had alleged an aggravating circumstance that, if accepted, would have made the offense prosecutable ex officio. The central issue was whether the assertion of this aggravating circumstance had been made within the timeframe provided by Article 85 of Legislative Decree No. 150/2022, which establishes that, after the period for filing a complaint has expired, the prosecutability of the offense may change depending on the circumstances.

Offense rendered prosecutable upon complaint due to the amendment introduced by Legislative Decree No. 150 of 2022 (so-called Cartabia Reform) - Expiration of the period to file a complaint pursuant to art. 85 of the aforementioned Legislative Decree - Supplementary assertion of an aggravating circumstance - Possibility - Existence - Consequent ex officio prosecutability of the offense - Existence - Reasons - Case law. In the context of offenses that have become prosecutable upon complaint due to the amendment introduced by Legislative Decree of October 10, 2022, No. 150, the public prosecutor is permitted, where the period for filing a complaint under art. 85 of the aforementioned Legislative Decree has expired, to amend the indictment by asserting, at the hearing, an aggravating circumstance that renders the offense prosecutable ex officio. (Case concerning electricity theft, in which the Court annulled the acquittal decision on the grounds that the court, deeming the supplementary assertion of the aggravating circumstance under art. 625, paragraph one, no. 7, of the Criminal Code, which renders the felony prosecutable ex officio, to be untimely, had incurred an absolute nullity of a general nature, concerning the exercise of criminal action).

Implications of the Cartabia Reform

The Cartabia Reform has introduced significant changes to the Italian legal landscape, particularly concerning the prosecutability of offenses. This change has generated various interpretations and applications by the judiciary. The judgment under review clarifies that, even if the period for filing a complaint has expired, the public prosecutor has the discretion to amend the indictment and assert an aggravating circumstance during the hearing. This highlights an important tool to ensure that justice can be administered even in situations where it might otherwise appear compromised by the expiry of deadlines.

• Clarification on the ex officio prosecutability of offenses.
• Possibility of asserting aggravating circumstances even after the period for filing a complaint.
• Impact of the Cartabia Reform on criminal proceedings.

Conclusions

Judgment No. 15098 of 2024 represents a benchmark for understanding the new dynamics introduced by the Cartabia Reform in Italian criminal law. It underscores the importance of flexibility in criminal procedures, allowing the public prosecutor to act even in the presence of expired deadlines, if necessary for the prosecution of offenses that affect public safety. This decision not only protects the interests of justice but also offers an important reflection on the application of evolving regulations.