Judgment no. 29188 of 2024 and the prohibition of a second trial: an in-depth analysis

The recent ruling by the Court of Cassation, with judgment no. 29188 of May 15, 2024, sheds new light on a fundamental principle of Italian criminal law: the prohibition of a second trial, known by the Latin phrase 'ne bis in idem'. This judgment, which dealt with a case of res judicata, is of particular relevance as it clarifies the conditions under which issues relating to this preclusion can be raised in the Supreme Court.

The 'ne bis in idem' principle

The 'ne bis in idem' principle is enshrined in Article 649 of the Code of Criminal Procedure and establishes that no one may be tried twice for the same offense. This principle not only protects the rights of the accused but also ensures the efficiency of the judicial system, avoiding duplication and conflicts of jurisdiction.

NE BIS IN IDEM - Violation alleged in the Supreme Court - Admissibility - Reasons - Conditions. The preclusion arising from the judgment on the same fact, resulting in an "error in procedendo", can be raised in the Cassation proceedings provided that the decision on the relevant issue does not require factual investigations, in which case it must be submitted to the execution judge.

This maxim, contained in the judgment under review, highlights that the 'ne bis in idem' issue can only be raised in the Supreme Court if it does not require factual investigations. In other words, if the Supreme Court judgment must be based on merits and new facts, the issue must be referred to the execution judge.

Implications of the judgment

The implications of this judgment are manifold and involve various aspects of criminal law. Firstly, it clarifies that the defense has the burden of proving that the conditions for applying the 'ne bis in idem' principle are met. In particular, if an accused has already been tried for a certain fact, a second trial cannot be initiated unless new and significant elements emerge.

• The prohibition of a second trial is essential for the protection of the fundamental rights of the accused.
• The Court of Cassation acts as a guarantor of the correct application of the rules, avoiding procedural errors.
• The analyzed case represents an example of how jurisprudence can evolve, clarifying the boundaries of the interpretation of norms.

Conclusions

In conclusion, judgment no. 29188 of 2024 underscores the importance of respecting the 'ne bis in idem' principle in the Italian legal system. It offers clear guidance for managing cases of res judicata, highlighting the need to avoid duplication of trials and ensure a fair process. It is crucial for legal professionals and the accused to understand the implications of this principle to effectively navigate the complex judicial landscape.