Jurisdiction for Connected Crimes: Commentary on Judgment No. 48816 of 2023

The recent judgment No. 48816 of October 13, 2023, by the Court of Cassation has raised important issues regarding territorial jurisdiction for connected crimes, particularly concerning permanent associative offenses. This decision offers significant insights into how the Italian legal system handles situations where the commission of a crime begins abroad and continues in our country.

The Principle of Territorial Jurisdiction

Territorial jurisdiction is a fundamental principle in criminal law, as it determines which judge is competent to try a specific crime. According to Article 8 of the Code of Criminal Procedure, generally, jurisdiction is based on the place where the crime was committed. However, the judgment in question has highlighted the applicability of supplementary criteria, particularly for associative offenses, as established by Article 9, paragraph 1, of the Code of Criminal Procedure.

Connected Crimes - Permanent Associative Offense with Commission Begun Abroad and Continued in Italy – Applicability of the Supplementary Criterion under Art. 9, Para. 1, Code of Criminal Procedure – Existence. For the purpose of determining territorial jurisdiction in relation to connected crimes, including an associative offense, which is by its nature permanent, where its commission has begun abroad and continued within national territory, the supplementary rule provided by Art. 9, Para. 1, Code of Criminal Procedure applies, due to the reference made to it by Art. 10, Para. 3, Code of Criminal Procedure. Such jurisdiction cannot be determined according to the general rules of Art. 8 Code of Criminal Procedure.

Implications of Judgment No. 48816 of 2023

The Court, in its judgment, established that, in the case of a permanent associative offense, if its commission began abroad and continued in Italy, the supplementary rule under Article 9, paragraph 1, of the Code of Criminal Procedure must be applied. This is particularly relevant for ensuring that associative offenses, which can have a complex and articulated realization, are adequately prosecuted, regardless of where they originated.

• Recognition of the permanent nature of associative offenses.
• Application of supplementary criteria for territorial jurisdiction.
• Clarity in managing crimes that span multiple jurisdictions.

The judgment is part of a line of case law aimed at ensuring an effective and coordinated response to the challenges posed by organized crime and associative offenses, which often transcend national borders.

Conclusions

In conclusion, judgment No. 48816 of 2023 represents a significant step in strengthening legal protection against associative offenses. It not only clarifies the criteria for territorial jurisdiction but also highlights the need for a flexible and consistent approach in the fight against crime. It is essential that legal professionals and citizens understand the importance of these rules, which aim to ensure a fair trial and the punishment of crimes, regardless of their complexity and territorial origin.