Judgment No. 27147 of 2023: The Equivalence Between Civil Party Constitution and Complaint

The recent judgment No. 27147 of May 9, 2023, issued by the Court of Cassation, provides an important clarification on the issue of the prosecutability of crimes, particularly concerning offenses that were originally prosecutable ex officio but have become prosecutable upon complaint following the entry into force of the Cartabia reform. In this article, we will analyze the key points of the judgment and the legal implications that arise from it.

The Regulatory Context of the Cartabia Reform

The Cartabia reform, implemented by Legislative Decree No. 150 of October 10, 2022, introduced significant changes to the Italian Code of Criminal Procedure. Among the most relevant innovations is the modification of the prosecutability of certain offenses, which have been transformed from originally prosecutable ex officio to offenses prosecutable upon complaint. This transformation has raised questions regarding the necessity of an explicit complaint by the injured party to initiate criminal proceedings.

The Principle of Equivalence Between Civil Party Constitution and Complaint

Offenses originally prosecutable ex officio, which have become prosecutable upon complaint due to the entry into force of the so-called "Cartabia" reform - Non-revoked civil party constitution - Equivalence to complaint - Existence - Reasons. A non-revoked civil party constitution is equivalent to a complaint for the purposes of the prosecutability of offenses originally prosecutable ex officio, which have become prosecutable upon complaint following the entry into force of Legislative Decree No. 150 of October 10, 2022 (the so-called "Cartabia" reform), provided that the punitive intent of the injured party, not requiring specific formulas, can be legitimately inferred from acts that do not contain its explicit manifestation.

The Court has established that a non-revoked civil party constitution should be considered equivalent to a complaint. This means that the injured party's intention to pursue criminally the perpetrator of the offense can also be inferred from acts that do not contain an explicit manifestation but nonetheless express a desire for justice. Such an interpretation broadens access to justice for victims of crimes, preventing the lack of formalities from hindering criminal action.

Practical Implications of the Judgment

  • Greater accessibility to justice for victims of crimes.
  • Less formal rigidity in the presentation of complaints.
  • Possibility to interpret punitive intent even in the absence of an explicit complaint.

The implications of this judgment are significant. First, it promotes greater accessibility to justice for victims, who may feel more protected in their right to see the crime they suffered prosecuted. Additionally, it reduces formal rigidity in the presentation of complaints, allowing for greater flexibility in interpreting the intent of the injured party.

Conclusions

In summary, judgment No. 27147 of 2023 represents a step forward in the protection of the rights of crime victims. The Court of Cassation, with its decision, clarified that the punitive intent of the injured party can manifest in different forms and is not necessarily bound to specific formulas. This approach not only facilitates access to justice but also reflects an important evolution of the Italian criminal system towards greater protection of individual rights.

Bianucci Law Firm