Analysis of Judgment No. 21108 of 2023: Reiteration of Precautionary Measures and Precautionary Res Judicata

The recent judgment No. 21108 of May 10, 2023, by the Court of Cassation provides important clarifications on the reiteration of precautionary measures, a topic of great relevance in criminal law. In particular, the Court has established that the possibility of reissuing precautionary measures that have already been annulled is not precluded, provided that these are based on different grounds than those previously examined.

Context of the Judgment

The case in question concerned a preventive seizure order issued against V. D. M., in relation to a fraud offense aimed at obtaining public funds. After an initial annulment of the order, the Court examined the validity of a new seizure order, ascertaining that further investigations had revealed new evidence and a different nature of the illicit conduct.

Following the rulings of the Court of Cassation or the Tribunal resulting from the incidental appeal proceedings concerning precautionary measures, the reiteration of orders with the same object as the annulled one is not precluded, where based on different grounds. (Case in which the Court rejected the appeal against a preventive seizure order reissued, after a previous annulment, in relation to a fraud offense aimed at obtaining public funds, on the grounds that the further investigations carried out had established both the different amount of the contribution obtained through false statements and the different nature of the illicit conduct compared to that examined in the first precautionary measure).

Practical Implications of the Judgment

This judgment has important practical implications for lawyers and their clients. Here are some key points to consider:

• The possibility of reiterating precautionary measures offers greater flexibility to investigative bodies, allowing measures to be adapted based on the evolution of investigations.
• It is essential that new measures are supported by different grounds, which implies a rigorous analysis of the evidence collected.
• The judgment clarifies that the annulment of an order does not automatically preclude the issuance of new precautionary orders.

Conclusions

In summary, judgment No. 21108 of 2023 represents a significant step forward in Italian jurisprudence concerning precautionary measures. It clarifies that, in the presence of new evidentiary elements, precautionary measures can be reissued, even after a previous annulment. This principle not only strengthens the effectiveness of criminal investigations but also ensures a balance between the demands of justice and the rights of the accused.