Commentary on Judgment No. 28203 of 2023: Relevance of the Conviction for Abolished Crime

The recent judgment no. 28203 of March 30, 2023, issued by the Court of Cassation, has generated considerable interest in the field of criminal law, particularly regarding the issue of recidivism and the relevance of convictions for crimes that have been subsequently abolished. In this article, we will analyze the significance of this ruling, its implications, and the legal context in which it is situated.

The Context of the Judgment

The Court, presided over by G. Santalucia and reporting judge A. V. Lanna, partially annulled without referral a decision of the Court of Appeal of Florence, establishing a fundamental principle:

“A prejudicial crime subsequently abolished - Relevance of the conviction for the purposes of recognizing recidivism - Exclusion - Reasons. In terms of recidivism, the conviction for a typified crime subject to 'abolitio criminis' is not relevant, as the repeal of the crime, just like decriminalization, results in the elimination of any penal effect connected to the conviction itself.”

Implications of the Judgment

This maxim highlights a principle of great importance in criminal law: a conviction for a crime that has been subsequently abolished cannot be used as a criminal record for the purposes of recognizing recidivism. This means that when a crime is decriminalized or abolished, the penal effects resulting from previous convictions for that crime are automatically nullified.

  • Legal clarity: The judgment provides a clear interpretation of criminal norms, particularly Article 2 of the Penal Code, which establishes the principle of the non-retroactivity of unfavorable criminal law.
  • Protection of rights: This approach protects the rights of individuals who have already been convicted, preventing a conviction for a non-existent crime from negatively impacting their future lives.
  • Consistency with jurisprudence: The decision aligns with previous case law, helping to establish a uniform orientation in the matter.

Conclusions

Judgment no. 28203 of 2023 represents a step forward in the protection of the rights of convicted individuals and in the clarity of the Italian legal system. It reaffirms a fundamental principle: the law must ensure that past convictions do not unjustly affect an individual's life, especially when such convictions pertain to crimes that no longer exist. It is essential that criminal law continues to evolve to reflect social changes and justice needs, for an increasingly fair and just legal system.

Bianucci Law Firm