Commentary on Judgment No. 29083 of 14/05/2024: The Issue of Non-Punishability

Judgment No. 29083, issued by the Court of Cassation on May 14, 2024, raises significant issues in the criminal field, particularly regarding non-punishability and the extinction of the crime. In this article, we will analyze the main points of this ruling, seeking to make its meaning and implications for Italian criminal law understandable.

The Context of the Judgment

The Court declared the appeal against a judgment confirming a first-instance conviction inadmissible. On this occasion, emphasis was placed on the absence of the civil party and the consequences of such absence in the trial. The ruling reminds us that, in the event of annulment with referral due to a motivational defect in a judgment of appeal, the declaration of extinction of the crime due to subsequent prescription is legitimate.

PUNISHABILITY - Annulment with referral of the judgment of appeal confirming the first-instance conviction - Absence of the civil party - Prevalence of the declaration of extinction of the crime over the merits acquittal - Legitimacy - Conditions. In the case of annulment with referral, due to a motivational defect, of a judgment of appeal confirming the conviction pronounced in the first instance, it is legitimate, in the absence of the civil party and the related provisions pursuant to Art. 578 of the Code of Criminal Procedure, for the referring judge to declare the extinction of the crime due to subsequent prescription, even in the face of a specific supplementary "mandate" issued by the Cassation, where there are no "ictu oculi" circumstances suitable for acquittal on the merits.

Implications for Criminal Procedure

This ruling highlights the importance of the presence of the civil party in the trial. The Court clarified that, in the absence of the civil party, the referring judge may declare the extinction of the crime, provided that there are no obvious elements justifying an acquittal on the merits. This decision is based on Article 578 of the Code of Criminal Procedure, which establishes the modalities for the civil party's intervention and its implications in the trial.

  • The presence of the civil party is essential for the proper conduct of the trial.
  • In the absence of the civil party, the judge has the authority to declare the extinction of the crime due to prescription.
  • It is necessary that no obvious circumstances emerge that could justify an acquittal on the merits.

Conclusions

Judgment No. 29083 of May 14, 2024, represents an important evolution in Italian criminal jurisprudence, clarifying the role of the civil party and the consequences of its absence. This case underscores the importance of proper management of the parties in the trial and the need for adequate motivation from the judge. Lawyers and legal professionals should pay particular attention to these dynamics, as they can significantly influence the outcomes of criminal proceedings.

Bianucci Law Firm