Analysis of Judgment No. 27559 of 2023: Willful Non-Execution of Judicial Measures

Judgment No. 27559 of April 14, 2023, filed on June 26, 2023, provides important insights into the configurability of the crime of willful non-execution of a judicial measure. In particular, the decision of the Court of Cassation focuses on the necessary prerequisites for establishing the criminal liability of an individual for such a crime.

Prerequisites for the Crime of Willful Non-Execution

The Court, chaired by G. Sabeone and rapporteur F. Cananzi, highlighted that in order for the crime under Article 388, paragraph 2, of the Penal Code to be established, it is essential that the agent had full and timely knowledge of the judicial measure intended to be evaded. This knowledge must derive not only from a formal notification but also from other forms of communication that can be deemed sufficient.

In particular, the judgment clarifies that:

  • A formal notification of the measure is necessary;
  • In the absence of this, it is still possible to configure the crime through a request for compliance, even if informal;
  • The request must be precise and rigorously proven, not limited to assumptions or vagueness.
Prerequisites of the crime - Notification of the measure to be executed - Necessity - Exclusion - Request for compliance even if informal - Sufficiency - Conditions. For the configurability of the crime of willful non-execution of a judicial measure, it is necessary to ascertain that the agent had full and timely knowledge of the evaded measure, following a formal notification of the same or also as a result of a request for compliance or informal notice, provided that it is a precise and unequivocal summons, rigorously proven and not simply assumed.

Implications of the Judgment

This ruling emphasizes the importance of clarity and precision in the communication of judicial measures. The possibility of establishing criminal liability in the absence of a formal notification, but through informal communications, represents a significant step in criminal law, as it broadens the possibilities for the prosecution to demonstrate the agent's knowledge of the measure.

Furthermore, the judgment highlights the need for rigorous and documented proof of the communications made, so as not to slip into subjective interpretations that could undermine legal certainty.

Conclusions

Judgment No. 27559 of 2023 offers a clear and articulated view on the requirements for the configurability of the crime of willful non-execution of a judicial measure. It sheds light on the necessity of correct and timely information regarding judicial measures, highlighting how jurisprudence continues to evolve in an attempt to ensure the effectiveness of justice. It is essential that all actors involved in the legal process understand the importance of notifications and both formal and informal communications to avoid undesirable criminal consequences.

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