Judgment No. 27098 of 2024 and the Crime of Slander: Legal Clarifications

The recent judgment No. 27098 of June 4, 2024, filed on July 9, 2024, has raised important questions regarding the crime of slander and its interaction with the institution of acquittal. The Court of Cassation addressed the issue of the necessity to ascertain the innocence of the slandered party in a complex legal context, clarifying some fundamental aspects that deserve careful examination.

The Context of the Judgment

The Court rejected the appeal presented by the defense, establishing that an irrevocable acquittal under Article 530, paragraph 2, of the Code of Criminal Procedure does not automatically imply the conclusion of the innocence of the slandered party. The decision is based on the important distinction between the assessment of the criminal responsibility of the slandered party and the existence of the underlying crime.

Underlying crime - Irrevocable acquittal under Article 530, paragraph 2, of the Code of Criminal Procedure - Consequences - Doubt about the existence of the crime of slander - Necessity - Exclusion. The doubt about the existence of the underlying crime, although established by an irrevocable judgment, does not, by itself, justify the doubt about the existence of the crime of slander. (In its reasoning, the Court clarified that, in the judgment for the crime of slander, the innocence of the slandered party does not necessarily need to be ascertained prejudicially in a separate criminal proceeding, and the judgment that may have formed in this regard must be freely and autonomously evaluated). (Conf.: No. 8637 of 1979, Rv. 143174-01).

Legal Implications

Judgment No. 27098 of 2024 fits into a consolidated line of jurisprudence, which has been confirmed in previous decisions of the Court. In particular, the Court reiterated that:

  • The innocence of the slandered party does not need to be ascertained in a separate proceeding.
  • The judgment formed in another context must be evaluated independently.
  • The doubt about the existence of the underlying crime does not automatically justify doubt about the slander.

This position is in line with the principle of legality and the necessity to ensure a fair trial, avoiding confusion between the different phases of the criminal procedure.

Conclusions

In conclusion, Judgment No. 27098 of 2024 represents an important confirmation of the separation between the crime of slander and the assessment of any underlying crimes. Legal practitioners and citizens must be aware that an acquittal does not automatically imply innocence in the context of slander and that each case must be evaluated according to its specific circumstances. This decision provides food for thought on the complexity of criminal law and the need for a rigorous and precise approach in the interpretation of the rules.

Bianucci Law Firm