Judgment No. 24932 of 2023: The Correlation Between Accusation and Judgment in Criminal Law

The judgment no. 24932 of February 10, 2023, issued by the Court of Cassation, provides an important reflection on the correlation between the accusation made and the fact established in the judgment. This principle is crucial in criminal matters, as it ensures the accused's ability to adequately defend themselves against the charges brought against them. Let us analyze the key points of this ruling and its implications for the defense.

The Principle of Necessary Correlation

The Court, in its judgment, reiterated that to configure a change in the fact between the accusation and the judgment, a radical transformation of the essential elements of the specific case is necessary. This transformation must lead to such uncertainty as to prejudice the rights of the defense. It is essential that the accused has the opportunity to understand and defend themselves regarding the subject of the accusation.

Diversity of the fact established in the judgment compared to that contested - Preconditions - Specific case. Regarding the correlation between the contested accusation and the judgment, for a change in fact to occur, a radical transformation of its essential elements of the specific case, in which the abstract hypothesis provided by law is summarized, is required, in such a way that uncertainty arises regarding the object of the accusation, leading to a real prejudice to the rights of the defense. Therefore, the investigation aimed at ascertaining the violation of the aforementioned principle should not be exhausted in a mere literal comparison between the accusation and the judgment because, concerning guarantees and defense, the violation is entirely non-existent when the accused, through the "process" pathway, finds themselves in a concrete condition to defend themselves regarding the object of the accusation. (Specific case in which the Court deemed that there was no violation of the principle of necessary correlation between the contested fact and that established in the judgment in a case where, in response to the accusation of using non-existent self-produced invoices, the criminal responsibility of the accused was affirmed for having used subjectively non-existent invoices, clarifying that the non-subjective referability of the services to the companies that had invoiced them constituted the crux of the accusation, on which the accused had the opportunity to defend themselves and did indeed defend themselves).

Practical Implications of the Judgment

The judgment in question emphasizes the importance of the right to defense, a principle also guaranteed by Article 6 of the European Convention on Human Rights. The Court established that the defense cannot be considered compromised if the accused had the opportunity to confront the charges during the trial. This implies that adequate preparation and defense strategy can mitigate the consequences of any changes in the contested fact.

  • Clarity in the formulation of accusations: it is essential that the accusation is precise.
  • Rights of the defense: the accused must be placed in a position to defend themselves adequately.
  • Flexible interpretation: the judge must consider the context and specifics of the case.

Conclusions

The judgment no. 24932 of 2023 represents an important milestone in Italian criminal jurisprudence, clarifying the necessary conditions for a violation of the principle of correlation between accusation and judgment to occur. This ruling not only strengthens the right to defense but also provides insights into how accusations should be formulated and managed in criminal trials. It is essential for lawyers to understand these dynamics to ensure an effective and fair defense for their clients.

Bianucci Law Firm