Judgment No. 14077 of 2024: Good Faith and Criminal Liability in Administrative Offenses

The issue of good faith in criminal liability is of fundamental importance, especially in the context of administrative offenses. The recent judgment No. 14077 of March 5, 2024, filed on April 8, 2024, provides significant clarifications on this topic. The subject of the ruling concerns the subjective element in administrative offenses and the conditions under which good faith can exclude the criminal liability of the offender.

The Context of the Judgment

The Court of Cassation, presided over by Judge F. M. C., annulled with referral a decision of the Court of Appeal of Florence, highlighting how good faith can arise from positive behaviors of administrative authorities. This ruling fits into a broader legal context, in which the Penal Code and established jurisprudence address the issue of good faith as an excluding element of liability.

The Maxims of the Judgment

Good faith - Suitability to exclude criminal liability - Conditions. The good faith that, in administrative offenses, excludes the subjective element can well derive from a positive factor related to the behavior of the administrative authority responsible for safeguarding the interest that is the subject of the regulatory provision, capable of leading the offender to a justifiable belief regarding the legality of the conduct held, but this principle must, in any case, be evaluated in light of the hierarchy of normative sources and the knowledge of them that may derive from the role held by the aforementioned agent.

This maxim highlights how good faith can be influenced by external factors, particularly by the actions of the competent authorities. If a behavior of the Authority leads the offender to justifiably believe in the legality of their conduct, this plays a crucial role in excluding criminal liability. However, it is essential to consider the hierarchy of normative sources and the awareness that the individual has regarding them.

Conditions of Good Faith

For good faith to exclude criminal liability, certain conditions must be met:

  • A positive behavior of the administrative authority.
  • The capacity of the offender to have a justifiable belief regarding the legality of the conduct.
  • A careful assessment of the hierarchy of normative sources.
  • The role held by the offender that may influence their legal awareness.

These elements require case-by-case evaluation, taking into account the specificities of the regulatory context and the factual circumstances.

Conclusions

Judgment No. 14077 of 2024 offers an important reflection on good faith in the context of administrative offenses, highlighting how the actions of the competent authorities can have a significant impact on criminal liability. It is a call for the need for a balanced approach in evaluating conduct, which considers not only the rules but also the context in which they are applied. Good faith, in this sense, becomes an essential principle to ensure fairness and justice in the criminal system.

Bianucci Law Firm