Jurisdiction for Related Crimes: Commentary on Judgment No. 48816 of 2023

The recent judgment No. 48816 of October 13, 2023, by the Court of Cassation has raised important questions regarding territorial jurisdiction for related crimes, particularly concerning ongoing associative offenses. This decision provides significant insights into how the Italian legal system manages situations where the commission of a crime begins abroad and continues in our country.

The Principle of Territorial Jurisdiction

Territorial jurisdiction is a fundamental principle in criminal law, as it determines which judge is competent to judge a specific crime. According to Article 8 of the Code of Criminal Procedure, jurisdiction is generally based on the place where the crime was committed. However, the judgment in question highlighted the applicability of supplementary criteria, particularly for associative crimes, as established by Article 9, paragraph 1, of the Code of Criminal Procedure.

Related crimes - Ongoing associative offense with commission starting abroad and continuing in Italy - Applicability of the supplementary criterion referred to in Article 9, paragraph 1, of the Code of Criminal Procedure - Existence. For the determination of territorial jurisdiction concerning related crimes, including an associative offense of a permanent nature, in the event that its commission began abroad and continued in national territory, the supplementary rule provided by Article 9, paragraph 1, of the Code of Criminal Procedure applies, as a result of the reference made to it by Article 10, paragraph 3, of the Code of Criminal Procedure, as such jurisdiction cannot be determined according to the general rules set forth in Article 8 of the Code of Criminal Procedure.

The Implications of Judgment No. 48816 of 2023

The Court, in its judgment, established that, in the case of a permanent associative offense, if the commission began abroad and continued in Italy, the supplementary rule provided by Article 9, paragraph 1, of the Code of Criminal Procedure must be applied. This is particularly relevant to ensure that associative crimes, which can have complex and articulated realizations, are adequately prosecuted, regardless of where they began.

  • Recognition of the permanent nature of associative crimes.
  • Application of supplementary criteria for territorial jurisdiction.
  • Clarity in the management of crimes that develop across multiple jurisdictions.

The judgment fits into a line of case law that aims to ensure an effective and coordinated response to the challenges posed by organized crime and associative offenses, which often transcend national borders.

Conclusions

In conclusion, judgment No. 48816 of 2023 represents a significant step in strengthening legal protection against associative crimes. It not only clarifies the criteria for territorial jurisdiction but also highlights the need for a flexible and coherent approach in the fight against crime. It is essential that legal practitioners and citizens understand the importance of these rules, which aim to ensure a fair trial and the punishment of crimes, regardless of their complexity and territorial origin.

Bianucci Law Firm