Judgment No. 15098 of 2024: Cartabia Reform and Office Proceedings in Criminal Law

Judgment No. 15098 of March 27, 2024, issued by the Court of Cassation, provides an important interpretation of the changes introduced by Legislative Decree No. 150 of 2022, known as the Cartabia Reform. This decision highlights how the expiry of the terms for filing a complaint can influence the office proceedings of certain crimes, particularly in relation to the allegation of aggravating circumstances.

The Legal Context of the Judgment

The Court ruled on a case of electricity theft, where the public prosecutor had contested an aggravating circumstance that, if accepted, would have made the crime prosecutable ex officio. The central issue was whether the allegation of such an aggravating circumstance had been made within the time frame established by Article 85 of Legislative Decree No. 150/2022, which states that, upon the expiry of the term for filing a complaint, the prosecutability of the crime may change depending on the circumstances.

Crime that has become prosecutable upon complaint due to the amendment introduced by Legislative Decree No. 150 of 2022 (so-called Cartabia Reform) - Expiry of the term for filing a complaint pursuant to Article 85 of the aforementioned legislative decree - Supplemental allegation of aggravating circumstances - Possibility - Existence - Consequent prosecutability ex officio of the crime - Existence - Reasons - Case. Regarding crimes that have become prosecutable upon complaint due to the amendment introduced by Legislative Decree of October 10, 2022, No. 150, the public prosecutor is allowed, when the term for filing a complaint pursuant to Article 85 of the aforementioned legislative decree has expired, to modify the charge by alleging, in the hearing, an aggravating circumstance that makes the crime prosecutable ex officio. (Case relating to electricity theft, in which the Court annulled the acquittal decision on the grounds that the court, considering the supplemental allegation of the aggravating circumstance under Article 625, first paragraph, No. 7, of the Penal Code as late, had incurred an absolute nullity of a general nature concerning the exercise of criminal action).

Implications of the Cartabia Reform

The Cartabia Reform has introduced significant changes in the Italian legal landscape, particularly regarding the prosecutability of crimes. This change has sparked various interpretations and applications by jurisprudence. The judgment in question clarifies that, even if the term for filing a complaint has expired, the public prosecutor has the authority to modify the charges and contest an aggravating circumstance during the hearing. This highlights an important tool to ensure that justice can be exercised even in situations where it might otherwise seem compromised by the expiry of deadlines.

  • Clarification on the office prosecutability of crimes.
  • Possibility of contesting aggravating circumstances even after the term for filing a complaint.
  • Impact of the Cartabia Reform on criminal actions.

Conclusions

Judgment No. 15098 of 2024 represents a benchmark for understanding the new dynamics introduced by the Cartabia Reform in Italian criminal law. It underscores the importance of flexibility in criminal procedures, allowing the public prosecutor to act even in the presence of expired terms when necessary for the prosecutability of crimes that affect public safety. This decision not only protects the interests of justice but also offers an important reflection on the ways of applying evolving regulations.

Bianucci Law Firm