Analysis of Judgment No. 14890/2024: Cartabia Reform and Office Proceedability

The recent judgment no. 14890 of March 14, 2024, filed on April 10, 2024, has raised important questions regarding the proceedability of crimes that have become prosecutable by complaint, particularly in light of the amendments made by Legislative Decree no. 150 of 2022, known as the Cartabia Reform. This ruling by the Court of Cassation, presided over by Dr. M. Vessichelli, annulled with referral a decision from the Court of Catanzaro regarding a case of electricity theft.

The Context of the Judgment

In the context of the Cartabia Reform, certain offenses have become prosecutable by complaint. However, the Court clarified that, even in the event of the expiration of the term for filing the complaint, the public prosecutor has the ability to amend the charge by contesting an aggravating circumstance that makes the offense prosecutable ex officio. This aspect is crucial for ensuring the effectiveness of criminal action, even when the time limits for the complaint have expired.

Summary of the Judgment

Crime that has become prosecutable by complaint due to the modification introduced by Legislative Decree no. 150 of 2022 (so-called Cartabia Reform) - Expiration of the term to file the complaint under art. 85 of the aforementioned decree - Supplemental challenge of aggravating circumstance - Possibility - Existence - Consequent prosecutability ex officio of the crime - Existence - Reasons - Case. In relation to crimes that have become prosecutable by complaint due to the modification introduced by Legislative Decree of October 10, 2022, no. 150, it is permitted for the public prosecutor, if the term for filing the complaint under art. 85 of the aforementioned decree has expired, to amend the charge by contesting, in the hearing, an aggravating circumstance that makes the crime prosecutable ex officio. (Case relating to electricity theft, where the Court annulled the decision of dismissal by the Court, which had deemed the supplemental challenge of the aggravating circumstance under art. 625, first paragraph, no. 7 of the penal code to be late).

Practical Implications of the Judgment

This ruling highlights some significant practical implications:

  • The public prosecutor now has the option to intervene in cases where the complaint has not been filed within the prescribed time limits.
  • The contested aggravating circumstance may transform a crime from prosecutable by complaint to prosecutable ex officio, thus expanding the possibilities for criminal intervention.
  • This provision aims to ensure greater protection for victims of crimes, even when they are not ready or able to file a complaint.

Conclusions

Judgment no. 14890 of 2024 represents an important step forward in the protection of crime victims, emphasizing the active role of the public prosecutor and the importance of contesting aggravating circumstances even after the expiration of the time limits for the complaint. This new approach, which fits within the context of the Cartabia Reform, indicates a legislative willingness to simplify and make criminal action more efficient, aiming for a more accessible and responsive justice system.

Bianucci Law Firm