Judgment No. 24362 of 2023: the benefit of non-mentioning the conviction in the criminal record

The recent judgment No. 24362 of February 22, 2023, filed on June 7, 2023, by the Court of Cassation, offers fundamental insights into the issue of non-mentioning the conviction in the criminal record certificate. This decision, which rejects the appeal presented by G. M., fits into a broader context of norms and principles aimed at ensuring the social reintegration of convicted individuals.

The regulatory context

Article 133 of the Italian Penal Code establishes the criteria for granting the benefit of non-mentioning the conviction, which is essential to prevent a criminal past from compromising the employment and social opportunities of the convicted person. The Court, also referencing previous jurisprudence, emphasizes that this benefit is not automatic but must be evaluated on a case-by-case basis by the judge.

Purpose of the institution - Indication. In terms of causes for the extinction of the penalty, the benefit of non-mentioning the conviction in the criminal record certificate, granted by the judge solely based on the criteria set forth in Article 133 of the Penal Code, is aimed at promoting the repentance of the convicted person by eliminating the consequences of the crime that could compromise or hinder their employment opportunities. (Conf.: No. 560 of 1995, Rv. 200029-01).

The purposes of the benefit

The Court of Cassation, in the judgment under review, highlights that the main purpose of this institution is to promote the repentance of the convicted person. In fact, the non-mentioning of a conviction in the criminal record has a direct impact on the possibility of reintegration into the workforce, allowing the individual to rebuild their life without the burden of a criminal past. Among the key points of the decision, we can summarize:

  • The benefit is granted to promote the repentance of the convicted person.
  • It must be evaluated on a case-by-case basis by the judge; it is not an automatic right.
  • The non-mentioning plays a crucial role in facilitating access to employment.

Conclusions

In conclusion, judgment No. 24362 of 2023 by the Court of Cassation represents an important step forward in the protection of the rights of convicted individuals. Italian jurisprudence demonstrates attentiveness in balancing the demands of justice with those of social reintegration, emphasizing that the non-mentioning of the conviction in the criminal record is not merely a bureaucratic issue, but a genuine tool for re-education and opportunity for the convicted person. It is essential that judges continue to carefully evaluate each request, thus contributing to a penal system that favors repentance and reintegration.

Bianucci Law Firm