Commentary on Judgment No. 17455 of 2024: Cartabia Reform and Office-Triggered Prosecution

Judgment No. 17455 of March 27, 2024, issued by the Court of Cassation, represents an important evolution in the management of offenses that can only be prosecuted upon complaint, particularly in light of the recent amendments introduced by Legislative Decree No. 150 of 2022, known as the Cartabia Reform. This judgment provides significant insights into how the Italian judicial system is adapting to new regulations and what implications these have for the public prosecutor and the defendants.

The Regulatory Context and Amendments Introduced by the Cartabia Reform

The Cartabia Reform has brought substantial changes to the Italian criminal system, particularly regarding offenses that can only be prosecuted upon complaint, meaning those crimes that can only be pursued at the initiative of the injured party. With the entry into force of these amendments, it has been established that the public prosecutor can modify the charges, even after the deadline for filing a complaint has passed, if there are aggravating circumstances that make the crime prosecutable ex officio.

In this specific case, the Court examined a situation of electricity theft, emphasizing that the court had not allowed the public prosecutor to contest, in a supplementary manner, the aggravating circumstance provided by Article 625, paragraph one, no. 7 of the Penal Code. This led to the annulment of the acquittal decision, highlighting the importance of ensuring that the public prosecutor can fully exercise their functions, even after the complaint deadline has passed.

The Principle of the Judgment and Practical Implications

Crime has become prosecutable upon complaint due to the amendment introduced by Legislative Decree No. 150 of 2022 (so-called Cartabia Reform) - Expiration of the deadline for filing a complaint under Article 85 of the cited Legislative Decree - Supplementary contestation of aggravating circumstance - Possibility - Existence - Consequently, office-triggered prosecution of the crime - Existence - Reasons - Specific case. Regarding crimes that have become prosecutable upon complaint due to the amendment introduced by Legislative Decree No. 150 of October 10, 2022, the public prosecutor is allowed, if the deadline for filing a complaint under Article 85 of the cited Legislative Decree has expired, to modify the charges by contesting, in court, an aggravating circumstance that makes the crime prosecutable ex officio. (Specific case concerning electricity theft, where the Court annulled the acquittal decision on the ground that the court had not allowed the public prosecutor to contest, in a supplementary manner, the aggravating circumstance referred to in Article 625, paragraph one, no. 7, of the Penal Code, already described in the charges, which would have made the crime, concerning property functionally destined for public service, prosecutable ex officio).
  • Possibility of modification of charges by the public prosecutor.
  • Recognition of office-triggered prosecution in the presence of aggravating circumstances.
  • Impact of the Cartabia Reform on the management of offenses prosecutable upon complaint.

This judgment, therefore, not only clarifies the rights and duties of the public prosecutor but also offers greater protection for victims of crimes, ensuring that even after the complaint deadline has passed, there are legal tools available to prosecute serious offenses.

Conclusions

In conclusion, Judgment No. 17455 of 2024 marks a significant step forward in protecting the rights of victims and in the effectiveness of the Italian criminal system. The Cartabia Reform, through regulatory changes such as the one examined, aims to make the criminal process more efficient and just, while at the same time ensuring the possibility of prosecuting crimes even when the complaint has not been filed within the established deadlines. It is essential for legal practitioners to stay updated on these developments to ensure the correct application of the law.

Bianucci Law Firm