Judgment No. 13775 of 2024: Prosecution by Complaint and Cartabia Reform

The recent judgment No. 13775 of January 24, 2024, filed on April 4, 2024, provides important clarifications regarding the prosecution by complaint following the changes introduced by Legislative Decree No. 150 of 2022, known as the Cartabia Reform. This ruling, issued by the Court of Cassation, touches on a crucial aspect of criminal law, namely the deadlines for filing a complaint and the consequences for the accused.

The Regulatory Context and the Cartabia Reform

The Cartabia Reform has modified the prosecution regime for various offenses, making them prosecutable by complaint. This change has a significant impact, as for some offenses it is no longer necessary for the public prosecutor to act ex officio. The judgment under examination is directly connected to this aspect, establishing that if the deadline for filing the complaint, as set forth in Article 85 of Legislative Decree No. 150/2022, has expired, the judge must declare the offense as non-prosecutable.

Analysis of the Judgment

Prosecution by complaint as a result of the amendment introduced by Legislative Decree No. 150 of 2022 (so-called Cartabia Reform) - Expiration of the deadline for filing a complaint pursuant to Article 85 of the aforementioned legislative decree - Obligation of immediate declaration of non-prosecutability - Existence - Supplemental challenge of aggravating circumstance pursuant to Article 517 of the Code of Criminal Procedure - Possibility - Exclusion - Case. Regarding offenses that have become prosecutable by complaint due to the amendment introduced by Legislative Decree No. 150 of October 10, 2022, when the deadline set by Article 85 of the aforementioned legislative decree has expired without a complaint being filed, the judge is obliged, pursuant to Article 129 of the Code of Criminal Procedure, to pronounce a judgment of non-prosecutability, as the public prosecutor is not permitted to modify the charge pursuant to Article 517 of the Code of Criminal Procedure by contesting an aggravating circumstance that makes the offense prosecutable ex officio. (Case related to theft of electricity, in which the Court deemed the decision of non-prosecutability based on the finding that the contested aggravated theft by fraudulent means and causing the victim significant economic damage had become prosecutable by complaint to be free from criticism).

In the specific case concerning the theft of electricity, the Court confirmed the non-prosecutability of the offense as the deadline for filing the complaint had expired without one being presented. This is a clear reference to Article 129 of the Code of Criminal Procedure, which requires the judge to declare non-prosecutability when the conditions for proceeding are not met.

Conclusions

Judgment No. 13775 of 2024 represents an important confirmation of the direction taken by the Cartabia Reform, which has introduced significant changes in the Italian regulatory landscape. The decision of the Court of Cassation highlights the importance of adhering to the deadlines set for filing a complaint, emphasizing that non-prosecutability becomes an inevitable consequence in the absence of such compliance. This not only protects the rights of the accused but also ensures an effective administration of justice.

Bianucci Law Firm