The Waiver of Complaint and the Extinction of the Offense: Commentary on Judgment No. 28519/2024

Judgment No. 28519 of April 18, 2024, deposited on July 16, 2024, provides an important interpretation regarding the waiver of complaint in Italian criminal law. The Court of Cassation has established that the waiver of complaint can extinguish the offense even if it occurs during a remand trial, following a previous annulment. This principle also applies to offenses that, like the crime referred to in Article 590-bis of the Penal Code, have become prosecutable by complaint.

The Regulatory Context of the Judgment

The waiver of complaint is governed by Article 152 of the Penal Code, which establishes that, in general, a complaint is a necessary act for the exercise of criminal action. By virtue of this provision, the waiver of complaint entails the extinction of the offense, unless the subject has expressly manifested the intention to continue the criminal action. The Court clarified that this principle is valid even in the case of remands, as occurred in the case under examination.

Analysis of the Judgment's Maxim

Waiver occurred in the context of annulment with remand - Extinction of the offense - Existence - Case. Regarding the conditions of prosecutability, the waiver of complaint extinguishes the offense even if it occurs in the remand trial held following an annulment issued only regarding the determination of the penalty. (Case concerning the crime referred to in Article 590-bis of the Penal Code, which became prosecutable by complaint following the entry into force of Legislative Decree No. 150 of October 10, 2022).

The maxim highlights the importance of the waiver of complaint as a tool for social pacification and the protection of individuals involved in a criminal proceeding. Indeed, the possibility of extinguishing the offense through the waiver offers victims an option to reconsider their decision to file a complaint, promoting a more consensual resolution of disputes.

Implications and Final Considerations

Judgment No. 28519/2024 represents an important confirmation of the flexibility of the Italian penal system. The Court of Cassation, in reaffirming the principle that the waiver of complaint can operate even in the remand phase, values the right of the injured party to decide whether or not to pursue the perpetrator of the offense. This approach not only alleviates the burden on the courts but also offers a pathway for reconciliation between the parties.

  • Enhancement of the right to waive the complaint
  • Impact on the management of criminal cases
  • Possible future jurisprudential developments

Conclusions

In conclusion, the judgment of the Court of Cassation No. 28519/2024 marks an important step in the evolution of Italian criminal jurisprudence, reaffirming the importance of the waiver of complaint as a tool for the extinction of the offense, even in complex legal contexts. This jurisprudential orientation could influence future decisions and bring benefits to both victims and the legal system as a whole.

Bianucci Law Firm