Judgment No. 14095 of 2024: Updates on Seizure and Possession of Narcotic Substances

The judgment no. 14095 of March 20, 2024, represents an important reference point in criminal law, particularly regarding the management of narcotic substances and disproportionate seizure. In this article, we will analyze the content of the judgment and its legal implications, trying to make its meaning understandable for readers.

Amendment of Article 85-bis of the Presidential Decree No. 309/1990

The focus of the judgment is the very recent amendment of Article 85-bis of Presidential Decree No. 309/1990, which occurred with Article 4, paragraph 3-bis of Law Decree No. 123 of 2023, which was then converted into Law No. 159 of 2023. This modification included the crime referred to in Article 73, paragraph 5, among the offenses for which disproportionate seizure is provided for under Article 240-bis of the Penal Code.

Crime referred to in Article 73, paragraph 5, of Presidential Decree No. 309 of 1990 - Amendment of Article 85-bis of Presidential Decree No. 309 of 1990 by Article 4, paragraph 3-bis of Law Decree No. 123 of 2023, converted, with modifications, into Law No. 159 of 2023 - Disproportionate seizure ex Article 240-bis Penal Code - Retroactive application - Consequences.

Retroactive Application and Legal Consequences

The judgment clarifies that the amended legislation applies retroactively, but only within the limits defined by Article 200, first paragraph, of the Penal Code. This means that, to determine which legal regime applies, it is necessary to refer to the law in force at the time the first-instance judgment was issued. This aspect raises significant questions about judgments already issued and future legal decisions.

  • Disproportionate seizure: now applicable also for the crime referred to in Article 73, paragraph 5.
  • Retroactive application within certain limits: important for the protection of the rights of the parties involved.
  • Legal clarity: provides a more defined regulatory framework for judges and lawyers.

Conclusions

Judgment No. 14095 of 2024 represents a significant step towards greater regulatory clarity regarding narcotic substances and disproportionate seizure. The amendments made to Article 85-bis of Presidential Decree No. 309/1990 not only expand the scope of application of seizure but also raise questions about the interpretation of existing laws and previously adopted decisions. It is essential for legal practitioners to closely follow the evolution of this matter to ensure a correct application of the rules and the protection of citizens' rights.

Bianucci Law Firm