Commentary on Judgment No. 37745 of 2024: Prosecutability Upon Complaint and Property Damage
The recent judgment No. 37745 of September 19, 2024, filed on October 15, 2024, offers important insights into the prosecutability upon complaint for property damage offenses, particularly those concerning property exposed to public faith. The Court of Cassation, presided over by P. D. and rapporteur E. G., addressed the issue of the admissibility of an appeal for lack of a complaint, introducing a novel legislative aspect that warrants analysis.
Legislative Context and Specific Case
The case at hand concerns the offense of damaging property exposed to public faith, which, according to the recent legislative reform introduced by Legislative Decree No. 31 of March 19, 2024, has become prosecutable upon complaint. In this context, the Court ruled that an appeal alleging, as its sole ground, the issue of non-prosecutability due to lack of a complaint is admissible, even if such prosecutability was introduced after the appealed judgment.
- Reform of legislation on prosecutability upon complaint.
- Implications for property damage offenses.
- Possibility of appeal to the Court of Cassation for lack of a complaint.
The Judgment's Holding and Interpretation
Judgment of legitimacy - Supervening prosecutability upon complaint - Appeal alleging lack of complaint as sole ground - Admissibility. (Case concerning damage to property exposed to public faith). In matters of judgment of legitimacy, an appeal is admissible which raises, as a sole ground, the issue of non-prosecutability for lack of a complaint for an offense for which such form of prosecutability was introduced after the appealed judgment. (Case concerning the offense of damaging property exposed to public faith, which became prosecutable upon private initiative as a result of Article 1, paragraph 1, letter b), of Legislative Decree of March 19, 2024, No. 31).
This holding summarizes the legal novelty introduced by the judgment. The Court of Cassation essentially affirmed that, in situations where new legislation introduces the requirement of a complaint for criminal proceedings, interested parties can assert this lack of complaint even in the legitimacy phase. This constitutes an important step towards protecting citizens' rights, ensuring that new provisions are also applied to pending cases.
Conclusions
In summary, judgment No. 37745 of 2024 represents a significant turning point in the legal treatment of property damage offenses concerning prosecutability upon complaint. It underscores the importance of due respect for procedural rules and the rights of defendants, addressing a matter of great relevance to Italian criminal law. Legal practitioners will need to pay close attention to these new provisions, which could influence defense strategies and the management of ongoing criminal proceedings.
