Judgment No. 37142/2024: The Cartabia Reform and Prosecution Ex Officio in Electricity Theft
Judgment No. 37142 of June 12, 2024, filed on October 8, 2024, offers an important point of reflection on the changes introduced by the Cartabia Reform concerning offenses that have become prosecutable upon complaint. Specifically, the case examined concerns an accusation of electricity theft, where the Court annulled a first-instance decision, deeming the assertion of an aggravating circumstance that would have made the offense prosecutable ex officio to be untimely. It is crucial to understand the legal implications of this judgment for those operating in the legal sector and for citizens who may find themselves involved in similar situations.
The Innovations Introduced by the Cartabia Reform
The Cartabia Reform, through Legislative Decree No. 150 of 2022, has brought significant changes to the Italian criminal system. Among the various interventions, one of the most relevant concerns the possibility for the public prosecutor to amend the indictment even after the deadline for filing a complaint has passed, if this is provided for by law. In particular, Article 85 of the decree establishes that, once the deadline for the complaint has passed, the public prosecutor may assert an aggravating circumstance that makes the offense prosecutable ex officio. This aspect is central to the decision of the Court of Cassation.
Analysis of the Judgment and Its Implications
The Court clarified that, in the case of offenses that have become prosecutable upon complaint, the public prosecutor is permitted to present a supplementary assertion of an aggravating circumstance, even after the deadline for the complaint has passed. This approach is based on an evolving interpretation of the norms, which aims to ensure an adequate response to the seriousness of offenses. In this specific case, the Court highlighted that the assertion of an aggravating circumstance, as in the case of electricity theft, cannot be considered untimely if made at the first available hearing, so as to preserve the effectiveness of criminal justice.
Offense that has become prosecutable upon complaint due to the modification introduced by Legislative Decree No. 150 of 2022 (so-called Cartabia Reform) - Expiration of the deadline for filing a complaint - Supplementary assertion of an aggravating circumstance - Possibility - Consequences - Prosecution ex officio of the offense - Reasons - Factual situation. Regarding offenses that have become prosecutable upon complaint due to the modification introduced by Legislative Decree of October 10, 2022, No. 150, it is permitted for the public prosecutor, where the deadline for filing a complaint pursuant to Article 85 of the aforementioned decree has passed, to amend the indictment by asserting, at the first available hearing, an aggravating circumstance that makes the offense prosecutable ex officio. (Factual situation of electricity theft, in which the Court annulled the decision of the first-instance judge who had deemed the supplementary assertion of the aggravating circumstance under Article 625, paragraph one, no. 7, of the Criminal Code to be untimely).
Conclusions
Judgment No. 37142/2024 represents a significant step forward in understanding the dynamics related to the prosecutability of offenses within the context of the Cartabia Reform. It highlights not only the flexibility of the criminal system in responding to different criminal scenarios but also the importance of adequate intervention by the public prosecutor to ensure effective justice. The possibility of asserting aggravating circumstances at the first available hearing, even after the deadline for a complaint, introduces a new dimension into judicial practice, which deserved to be analyzed and understood. Therefore, it is essential that all legal professionals be updated on such legislative changes and their practical applications.
