Judgment No. 24616 of 2023: Autonomy in Criminal Precaution and Preventive Measures

The recent judgment No. 24616 of March 21, 2023, issued by the Court of Cassation, has raised important issues regarding the prerequisites for criminal precaution and the adoption of preventive measures. This case, involving the defendant C. S., highlights the delicate balance between the need to protect public safety and respect for individuals' fundamental rights.

Prerequisites and Autonomy of Assessments

The Court emphasized the autonomy of the prerequisites for criminal precaution compared to those required for the adoption of preventive measures. Specifically, the ruling's maxim states:

Prerequisites for criminal precaution - Adoption of real preventive measures - Autonomy of respective assessments - Existence - Determination in criminal proceedings - Relevance of the prevention judgment. The autonomy of the prerequisites for criminal precaution compared to those for the adoption of preventive measures, including asset-based measures, presupposes a specific assessment of the latter, with respect to which the criminal determination can serve as a mere factual finding, while the necessity that the judgment on dangerousness be made by the prevention judge remains, without the possibility of relying on a mechanism of automatic recognition of dangerousness deemed in the criminal precautionary phase.

This statement highlights that, although there may be a criminal determination, it is not sufficient to establish a person's dangerousness for the purposes of preventive measures. The assessment must be conducted by the prevention judge, who must consider various factors and cannot simply accept a judgment already rendered in a criminal context.

Practical Implications of the Judgment

The implications of this judgment are significant and deserve attention. Among the main observations are:

• Necessity of a thorough analysis by the prevention judge.
• Impossibility of automatic recognition of dangerousness from a criminal judgment.
• Importance of the specificity of the determination in the context of preventive measures.

The judgment, therefore, not only clarifies the legal principles at play but also offers food for thought on the need to ensure a fair balance between public safety and individual rights.

Conclusions

In conclusion, judgment No. 24616 of 2023 represents an important step forward in understanding the dynamics between criminal precaution and preventive measures. It underscores the importance of an autonomous and specific assessment in the context of preventive measures and the need to avoid automatic mechanisms that could infringe upon individuals' fundamental rights. This approach reflects a growing sensitivity towards the protection of human rights within the Italian and European legal systems.