Comment on Judgment No. 26418 of 2024: Innovations in the Prosecution of Crimes

The judgment No. 26418 of April 3, 2024, filed on July 4, 2024, offers an important reflection on the issue of the prosecution of crimes, particularly regarding the lack of a formal complaint. The Court of Cassation, presided over by Judge G. Sabeone and with the report of M. T. Belmonte, addressed a case that highlights the recent legislative changes introduced by Legislative Decree No. 150 of 2022.

The Regulatory and Legal Context

The legislative decree of October 10, 2022, No. 150, amended the rules of prosecution for certain crimes, making a formal complaint by the offended party necessary for the continuation of the criminal proceedings. In particular, Article 2 of this decree introduced the possibility of proceeding with a formal complaint for crimes that were previously considered to be of public initiative.

Judgment of legitimacy - Crime now prosecutable by formal complaint under Article 2 of Legislative Decree No. 150 of 2022 - Appeal aimed at raising the lack of a formal complaint - Single reason or reason proposed with other inadmissible reasons - Admissibility - Existence - Case. In terms of the judgment of legitimacy, the appeal that raises, with a single reason or accompanied by other inadmissible reasons, the issue of non-prosecution due to lack of a formal complaint for crimes for which Legislative Decree of October 10, 2022, No. 150, subsequently introduced this form of prosecution after the challenged judgment and during the presentation of the appeal, is admissible. (Case regarding theft committed on items exposed to public faith).

Admissibility of the Appeal and Lack of a Formal Complaint

The Court stated that it is possible to submit an appeal to raise the issue of lack of a formal complaint even if it is presented as a single reason or if it accompanies other reasons deemed inadmissible. This aspect is fundamental, as it allows raising issues of non-prosecution that might otherwise go unexamined. In particular, the judgment refers to cases of theft of items exposed to public faith, highlighting how the new legislation impacts the assessment of prosecution.

  • The appeal is admissible even in the presence of other inadmissible reasons.
  • The issue of non-prosecution for lack of a formal complaint can be raised after the challenged judgment.
  • Importance of the formal complaint as a prerequisite for the continuation of the crime.

Conclusions

Judgment No. 26418 of 2024 represents an important step forward in clarifying the legal procedures regarding crimes that require a formal complaint to be prosecuted. The Court of Cassation emphasized that, even in the presence of new regulations and legislative changes, it is essential to ensure the right to defense and the admissibility of the appeal. This approach allows for a fairer and more just handling of prosecution issues, promoting greater protection of the rights of those involved in the criminal process.

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