Commentary on Judgment No. 33967 of 2023: Implications of the Prohibition of Reformatio in Peius
The recent judgment No. 33967 of May 16, 2023, filed on August 2, 2023, offers important food for thought regarding the treatment of criminal and administrative sanctions. In particular, the Court of Cassation ruled on the prohibition of "reformatio in peius" in the context of an appeal, where a defendant was acquitted of one of the offenses in continuation. This case raises fundamental questions regarding the proportionality of sanctions and their individualization, issues of significant importance in Italian criminal law.
The Meaning of the Prohibition of Reformatio in Peius
The prohibition of "reformatio in peius" is a cornerstone principle of criminal law, enshrined in Article 597 of the Code of Criminal Procedure. This principle establishes that the appellate judge cannot worsen the defendant's position compared to the first-instance judgment, unless there is an appeal filed by the public prosecutor. The judgment under review reiterates this rule, emphasizing that acquittal for one of the offenses implies not only a reduction of the main penalty but also the necessary elimination of accessory sanctions linked to the offense for which the defendant was acquitted.
PROHIBITION OF "REFORMATIO IN PEIUS" - Acquittal for one of the offenses in continuation - Cumulation of accessory administrative sanctions - Elimination from the cumulation of the part of the accessory sanction relating to the offense subject to acquittal - Necessity - Reasons - Case law. Where the measure of homogeneous accessory penalties, ordered by the first-instance judgment, was determined in relation to the two offenses for which a conviction was issued, acquittal on appeal regarding one of them, already deemed linked by the continuation, obliges the appellate judge, in addition to reducing the main penalty, to also eliminate from the cumulation of homogeneous accessory penalties the part relating to it, given that the duration of said accessory penalties must take into account the constitutional principles of proportionality and necessary individualization of the sanctioning treatment, in relation to the elements ex art. 133 of the Criminal Code. (Case law concerning tax offenses).
Implications of the Judgment
The decision of the Court of Cassation has important consequences for the Italian legal system. It clarifies that, in the presence of an acquittal, the judge must review not only the main penalty but also the accessory sanctions, considering their homogeneous nature. This approach is in line with the principles of proportionality and individualization of the sanctioning treatment, as established by Article 133 of the Criminal Code. The rights of the defendant must always be guaranteed, and justice must avoid imposing excessive or disproportionate sanctions.
Conclusions
Judgment No. 33967 of 2023 represents a step forward in clarifying the rights of defendants within the Italian criminal justice system. It emphasizes the need for an accurate assessment of accessory sanctions in relation to convictions and acquittals. The Court of Cassation has therefore reiterated the importance of the prohibition of "reformatio in peius," ensuring that judges' decisions are always in conformity with the principles of justice and proportionality.
