Analysis of Judgment No. 29174 of 2024: Retroactive Counting of Custodial Terms

Judgment No. 29174 of May 15, 2024, issued by the Court of Cassation, provides an important interpretation regarding the retroactive counting of custodial terms, establishing significant legal principles that deserve attention. In particular, the ruling addresses the issue of the identity and diversity between the criminal proceedings with respect to which precautionary orders are issued, clarifying that the assessment cannot be based solely on the qualified connection between the offenses.

Fundamental Principles of the Judgment

One of the crucial points of the judgment concerns Article 297, paragraph 3, of the Code of Criminal Procedure, which regulates the retroactive counting of custodial terms. The Court emphasizes that the identity or diversity between the proceedings must be evaluated based on the registration of the crime report, as provided for by Article 335 of the Code of Criminal Procedure. This approach departs from previous interpretations that tended to rely on the connection between the offenses.

Retroactive counting of custodial terms pursuant to Article 297, paragraph 3, of the Code of Criminal Procedure - Identity or diversity between the proceedings with respect to which precautionary orders are issued - Notion - Identification - Reasons. For the purposes of retroactively counting the duration of custodial terms, the identity or diversity between the proceeding in which the first order was issued and the one in which the second was issued cannot be derived from the data of the qualified connection between the offenses that are the subject of Article 12 of the Code of Criminal Procedure, but must instead refer to the formal data of the registration of the crime report in the register referred to in Article 335 of the Code of Criminal Procedure. (In the reasoning, the Court specified that the substantial notion of uniqueness of the proceeding identified by the United Sections No. 51 of 11/28/2019, Cavallo, relates exclusively to the specific regulation of interceptions and cannot be transposed into different procedural contexts).

Implications of the Decision

The decision of the Court of Cassation has significant implications for the management of criminal proceedings and for the protection of the rights of defendants. With this ruling, it is made clear that the criterion for retroactive counting cannot be arbitrary and must follow a well-defined regulatory path. This approach ensures greater certainty and protection of individual rights, preventing the connection between offenses from inappropriately influencing the duration of precautionary measures.

  • Clarity in the definition of criminal proceedings.
  • Greater protection of defendants' rights.
  • Rigorous application of procedural rules.

Conclusions

In conclusion, Judgment No. 29174 of 2024 represents an important milestone in Italian criminal law, clarifying the methods of retroactive counting of custodial terms and establishing a fundamental principle: the necessity to consider the formal data of the registration of the crime report. This decision not only provides precise legal guidance but also contributes to strengthening the protection of the rights of individuals involved in the criminal justice system.

Bianucci Law Firm