Commentary on Judgment No. 13326 of 2024: Confiscation of Weapons and Constitutional Principles

Judgment No. 13326 of January 12, 2024, by the Court of Cassation represents an important step forward in the interpretation of the rules regarding the confiscation of weapons, particularly in light of the very recent ruling by the Constitutional Court No. 5 of 2023. This decision clarifies the conditions under which a confiscation may be ordered, even in the absence of a final conviction, and offers insights into the protection of the rights of defendants within our legal system.

Regulatory and Jurisprudential Context

The confiscation of weapons is governed by Article 6 of Law No. 152 of 1975, which establishes the conditions for the application of such a measure. The Constitutional Court, in ruling No. 5 of 2023, emphasized that confiscation cannot be ordered unless the existence of the crime and its attribution to the defendant have been established. This principle is crucial as it ensures that there is no unjust deprivation of property without an adequate legal basis.

The Implications of Judgment No. 13326 of 2024

Following this premise, the Court of Cassation has established that, in the event of an appeal by the public prosecutor, it is possible to order the confiscation of weapons without referring the matter back to the trial judge, provided that the prerequisites for such a measure have already been established. This approach, although it may seem strict, is justified by the need to ensure public safety and the effectiveness of criminal proceedings.

  • The confiscation can only occur if there has been a determination in adversarial proceedings with the defense.
  • The referral to the trial judge is deemed unnecessary if the documents already in the Court's possession demonstrate the existence of the requirements for confiscation.
  • This judgment reaffirms the principle of legality and the respect for the fundamental rights of defendants.
Confiscation under Article 6 of Law No. 152 of 1975 - Judgment of the Constitutional Court No. 5 of 2023 - Appeal by the public prosecutor - Possibility for the Court of Cassation to order confiscation - Existence - Consequences. In matters of weapons, following the judgment of the Constitutional Court No. 5 of 2023 – which indicated the constitutionally oriented interpretation of Article 6 of Law No. 152 of May 22, 1975, that confiscation of the weapons involved in the crime cannot be ordered following an acquittal unless the existence of the crime and its attribution to the defendant are established – it is allowed for the court of legitimacy, faced with the public prosecutor's appeal, to order the annulment without referral of the contested judgment and the confiscation of the weapons if it emerges from the initial assessment and the documents referred to therein that the prerequisites for the application of the confiscatory measure have been established, making the referral to the trial judge under Article 620, paragraph 1, letter l), of the Code of Criminal Procedure unnecessary.

Conclusions

Judgment No. 13326 of 2024 not only clarifies the regulatory outlines of the confiscation of weapons but also highlights the importance of balancing the protection of public safety with the rights of individuals. With the evolution of jurisprudence, it is essential for legal professionals to understand these developments in order to provide adequate and informed defense to their clients, thus ensuring respect for the laws and constitutional principles.

Bianucci Law Firm