Commentary on Judgment No. 26294 of 2024: Prescription and Orlando Reform

The judgment No. 26294 of June 12, 2024, filed on July 4, 2024, represents an important point of reference in Italian jurisprudence concerning the prescription of crimes. In particular, this decision of the Court of Cassation focuses on the application of Law No. 103 of 2017, known as the Orlando reform, for crimes committed during a specific period, namely between August 3, 2017, and December 31, 2019. The Court clarified that the provisions of the aforementioned law are to be considered applicable, introducing a favorable regime compared to subsequent reforms.

The Regulatory Context

The Orlando reform introduced significant changes in the field of prescription, establishing that the running of the prescription can be suspended under certain circumstances. This ruling, therefore, refers to an evolving regulatory context, where the provisions of Law No. 23 of June 2017, No. 103, are more favorable than those introduced by subsequent reforms, particularly those introduced by Law No. 3 of 2019 and Law No. 134 of 2021.

Crimes committed between August 3, 2017, and December 31, 2019 - Regulation under Law No. 103 of 2017 - Applicability - Reasons. Regarding prescription, the provisions of Law No. 23 of June 2017, No. 103 (the so-called Orlando reform) apply to crimes committed between August 3, 2017, and December 31, 2019, including those relating to suspension periods under Article 159, second paragraph, penal code, as introduced by Article 11, letter b), of the cited law. (In the motivation, the Court specified that the indicated regime constitutes a more favorable regime, both compared to that provided for by Article 1, paragraph 1, letter e), No. 1, Law No. 3 of January 9, 2019 (the so-called Bonafede reform), which, in force since January 1, 2020, reformulated Article 159, second paragraph, penal code, providing for the suspension of the running of the prescription from the pronouncement of the first-instance judgment or from the penal decree of conviction until the enforceability of the judgment or the irrevocability of the decree, and compared to that outlined by Article 2 of Law No. 134 of September 27, 2021, which repealed Article 159, second paragraph, cited, which introduced Article 161-bis, penal code, under which the running of the prescription ceases with the first-instance judgment, as well as Article 344-bis, code of criminal procedure, according to which, for crimes committed from January 1, 2020, the failure to conclude the appeal and cassation proceedings within the respective indicated terms constitutes a cause of inadmissibility of the criminal action).

Implications of the Judgment

This decision of the Court of Cassation has profound implications for defendants of crimes committed during the indicated period. Legal practice faces a significant change, as the ruling emphasizes the need to consider the more favorable legislation for the rights of defendants. In particular, the Court highlighted how the Orlando reform offers greater guarantees compared to subsequent legislative changes, which may prove to be more restrictive.

  • Recognition of the more favorable provisions of the Orlando reform.
  • Impact on the management of ongoing criminal proceedings.
  • Possible repercussions on the defense strategy of lawyers.

Conclusions

In conclusion, judgment No. 26294 of 2024 represents an important piece in the complex mosaic of prescription legislation in Italy. The Court of Cassation, confirming the applicability of the Orlando reform to crimes committed between August 3, 2017, and December 31, 2019, provided an interpretation that protects the rights of defendants, making evident the importance of adequate and informed defense. Lawyers and professionals in the criminal sector must consider these indications to ensure the correct application of the law and an effective defense of their clients.

Bianucci Law Firm