Analysis of Judgment No. 29959 of 2024: The Tacit Withdrawal of Complaint

The judgment no. 29959 of June 13, 2024, filed on July 22, 2024, addresses a crucial issue in criminal law: the tacit withdrawal of a complaint by the legal representative of an entity. This principle, introducing new conditions, provides a point of reflection on the legal dynamics governing complaints and the role of witnesses in hearings.

The Regulatory Context

The issue is framed within the regulatory framework of Article 152, third paragraph, no. 1, of the Penal Code, as amended by Legislative Decree no. 150 of 2022, which came into effect on December 30, 2022. This article establishes that the tacit withdrawal of a complaint also applies in cases where the legal representative of an entity that has filed a complaint does not appear in court as a witness. However, for this to occur, it is necessary that the representative maintains their position on the date of the hearing and that the entity's statute authorizes them to withdraw the complaint.

The Conditions of Tacit Withdrawal

Tacit withdrawal of a complaint filed by the legal representative of an entity - Failure to appear as a witness at the hearing - Applicability of Article 152, third paragraph, no. 1, of the Penal Code, introduced by Article 1, paragraph 1, letter h), Legislative Decree no. 150 of 2022 - Existence - Conditions. Regarding tacit withdrawal of the complaint, the provision of Article 152, third paragraph, no. 1, of the Penal Code, introduced by Article 1, paragraph 1, letter h), Legislative Decree of October 10, 2022, no. 150, in force since December 30, 2022, also applies in cases where the witness who failed to appear in court without justified reason previously filed a complaint as the legal representative, in office, of the offended entity, under the dual condition that they retain that quality on the date of the hearing and that they are authorized by the statute of the represented entity to withdraw the complaint, not appearing at the hearing for which they were summoned as a witness.

These conditions highlight how the law intends to ensure a certain stability and responsibility in legal relationships. In fact, the figure of the legal representative must be able to act in the interest of the entity, and their failure to appear should not automatically compromise the right to withdraw the complaint. It is therefore essential that legal representatives are always aware of their responsibilities and the rules governing them.

Practical Implications of the Judgment

The judgment provides important insights for legal practitioners and companies. Below are some practical implications:

  • Strengthening the role of the legal representative in the complaint process.
  • The need for a clear statutory definition of the representative's powers.
  • Awareness of legal rights and duties in case of a hearing.

In conclusion, judgment no. 29959 of 2024 represents an important legal evolution in the field of tacit withdrawal of complaints, offering new perspectives for managing complaints in the criminal context. Legal practitioners and legal representatives of entities are called to greater attention and preparation to face the legal challenges associated with such dynamics.

Bianucci Law Firm