Analysis of Judgment No. 13539 of 2023: Continuation Between Crimes and Assessment of the Penalty

Judgment No. 13539 of November 2, 2023, issued by the Court of Cassation, provides important clarifications regarding the continuation between crimes and the assessment of the penalty to be imposed. In particular, the Court addressed how the trial judge should tackle the issue of evaluating the most serious violation in the context of crimes that have already been adjudicated.

The Principle of Continuity Between Crimes

The Court reiterated that, in terms of continuation, the principle of abstract evaluation of the most serious violation is not binding for the trial judge. This means that, if the judge finds themselves evaluating a specific crime, they can decide to consider it more serious compared to other crimes that have already been judged, even if the latter are punishable by higher statutory penalties.

  • The judge can choose to combine a current crime with previously judged crimes.
  • The assessment of the severity of the crime must be made concretely, taking into account the specific circumstances of the case.
  • The regulation provided by Article 187 of the implementing provisions of the Code of Criminal Procedure applies by analogy in the trial judgment.
Trial Judge - Continuation Between Judged Crime and Previously Judged Crimes - Evaluation of the Most Serious Violation - Criteria - Analogous Use of Article 187 of the Implementing Provisions of the Code of Criminal Procedure. Regarding continuation, the principle of abstract evaluation of the most serious violation is not binding for the trial judge when assessing a single crime, which they consider concretely more serious and that must be joined with others, subject to irrevocable judgments, which they deem less serious, although punishable, in abstract, by higher statutory penalties, given that, in this case, the regulation provided by Article 187 of the implementing provisions of the Code of Criminal Procedure for the execution judgment applies, which explicitly refers to the most serious penalty actually imposed.

Practical Implications of the Judgment

This judgment has significant repercussions for judges and lawyers dealing with cases of continued crimes. The possibility of a concrete assessment allows for greater flexibility and fairness in the treatment of various crimes, avoiding rigidity that could lead to unjust decisions.

Conclusions

In conclusion, Judgment No. 13539 of 2023 represents an important step forward in the jurisprudence regarding criminal law. It clarifies how the continuation between crimes should be evaluated, emphasizing the need for a concrete consideration rather than merely an abstract one of the severity of violations. This approach not only facilitates a fairer application of the law but also strengthens the rights of defendants, ensuring that penalties are proportionate to the actual seriousness of the crimes committed.

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