Judgment No. 14710 of 2024: The Nullity of the Ruling for Violation of the Adversarial Principle

The judgment no. 14710 of March 27, 2024, filed on April 10, 2024, represents an important step forward in understanding the prosecutability of crimes in light of recent legislative changes. In particular, the Court ruled that the acquittal judgment issued due to a lack of the condition for prosecutability of the crime is null and void if the judge did not allow for adequate adversarial proceedings regarding the changes to the charge.

The Regulatory Context

The judgment is set within the context of Legislative Decree No. 150 of 2022, which introduced significant changes regarding the prosecutability of crimes. In particular, the new regulatory framework stipulates that even changes to the charge, if capable of making the crime prosecutable ex officio, must be considered by the judge. This aspect is crucial, as the possibility of contesting an aggravating factor cannot be ignored, especially when the judge has already made a decision on the issue of prosecutability.

The Principle of Adversarial Proceedings

The Court emphasized that the violation of the adversarial principle is one of the main reasons leading to the nullity of the ruling. Indeed, in the specific case, the judge limited the parties' discussions exclusively to the question of prosecutability, neglecting to consider the supplementary contestation of the aggravating factor raised by the public prosecutor. This approach resulted in a decision that is affected by absolute nullity.

PUNISHABILITY - Subsequent prosecutability upon complaint of the crime following Legislative Decree No. 150 of 2022 - Supplementary contestation of an aggravating factor leading to prosecutability ex officio - Judgment pursuant to Article 129 of the Code of Criminal Procedure for lack of complaint - Parties' conclusions only on prosecutability - Consequences - Nullity of the ruling - Reasons. It is affected by absolute nullity of a general nature, for violation of the adversarial principle, the acquittal judgment pursuant to Article 129 of the Code of Criminal Procedure for lack of the prescribed condition of prosecutability of the crime, in light of Legislative Decree No. 150 of October 10, 2022, if the judge allowed the parties' discussion only on the issue of prosecutability, considering the modification of the charge by the public prosecutor as irrelevant, since it was late, through the contestation of an aggravating factor that could, in theory, make the crime prosecutable ex officio.

Conclusion

Judgment No. 14710 of 2024 reaffirms the importance of respecting the adversarial principle and the necessity to consider the regulatory changes that occurred during the proceedings. The judge's decisions must reflect the complexity and dynamism of the criminal process to ensure a fair right to defense and the correct application of the law. In an ever-evolving regulatory context, it is essential that all parties involved in the criminal process are adequately informed and represented.

Bianucci Law Firm