Analysis of Judgment No. 14700 of 2023: Cartabia Reform and Prosecutability of Offenses Subject to Complaint

The judgment no. 14700 of December 7, 2023, delivered by the Court of Cassation, provides an important opportunity for reflection on the Cartabia reform, particularly regarding the changed regulations concerning offenses that are prosecutable upon complaint. The subject of the decision concerns the possibility for the public prosecutor to modify the charges, even after the deadline for filing a complaint has expired, by contesting aggravating factors that make the offense prosecutable ex officio.

The Regulatory Context and the Cartabia Reform

The Cartabia reform, implemented by legislative decree no. 150 of 2022, has brought significant changes to the prosecutability regime of certain offenses. According to Article 2 of this decree, many offenses have become prosecutable exclusively upon the complaint of the injured party. However, the analyzed ruling clarifies that, although the time limits for the complaint may have expired, the public prosecutor has the authority to modify the charges by contesting an aggravating circumstance.

Offense has become prosecutable upon complaint due to the amendment introduced by legislative decree no. 150 of 2022 (Cartabia reform) - Expiration of the deadline for filing a complaint pursuant to Article 85 of the aforementioned decree - Supplemental contestation of aggravating circumstances - Possibility - Existence - Consequently, the prosecutability ex officio of the offense - Existence - Reasons - Case. Regarding offenses that have become prosecutable upon complaint due to the amendments introduced by Article 2 of legislative decree October 10, 2022, no. 150, the public prosecutor is permitted, if the deadline for filing the complaint referred to in Article 85 of the aforementioned decree has expired, to modify the charges by contesting, in court, an aggravating circumstance that makes the offense prosecutable ex officio. (Case related to theft of electricity, in which the Court annulled the decision of acquittal on the grounds that the court had not allowed the public prosecutor to contest, in a supplemental manner, the aggravating circumstance referred to in Article 625, paragraph one, no. 7, penal code, which would have made the crime, concerning a property functionally intended for public service, prosecutable ex officio, failing to assess the new evidence that could support the legitimacy of such supplemental contestation).

Implications of the Judgment

The Court's decision has significant repercussions on the management of criminal proceedings. In particular, it highlights how the Court annulled a previous decision of acquittal, emphasizing that the court had not accepted the public prosecutor's request to contest an aggravating circumstance. This underscores the need for careful evaluation of new evidence that can significantly influence the course of the trial.

  • Recognition of the possibility of supplemental contestation
  • Importance of the deadline for filing a complaint
  • Possibility of prosecutability ex officio in the presence of aggravating factors

Conclusion

Judgment no. 14700 of 2023 represents an important step in clarifying the norms related to the prosecutability of offenses subject to complaint, highlighting how the changes introduced by the Cartabia reform can interact with the power of the public prosecutor. This decision not only clarifies the boundaries of prosecutability but also calls for careful and rigorous application of the rules, so that justice can be guaranteed in a fair and timely manner.

Bianucci Law Firm