Commentary on Judgment No. 18772 of 2023: Plea Bargaining and Illegal Punishment

Judgment No. 18772 of 2023 by the Court of Cassation is of great importance in the Italian legal landscape, as it addresses the delicate issue of plea bargaining and the increase of punishment for continuation. In particular, the Court ruled on the legitimacy of an increase in punishment in cases of recidivism, clarifying the limits within which an appeal against a plea bargaining sentence can be made.

The Regulatory Context

The Court examined Article 81, paragraph four, of the penal code, which regulates the increase of punishment for continuation. According to the legislation, an increase for continuation must be justified and must adhere to the parameters established by law. In the case at hand, it emerged that the increase in punishment imposed was below the thresholds set by law, leading to the declaration of the non-existence of an illegal punishment.

Analysis of the Ruling

Plea bargaining - Increase for continuation under Article 81, paragraph four, penal code - Violation - Illegal punishment - Non-existence. In terms of plea bargaining, the appeal for cassation under Article 448, paragraph 2-bis, code of criminal procedure is inadmissible against the judgment which, having deemed recidivism to be present, ordered an increase for continuation below the measure established by Article 81, paragraph four, penal code, as it does not constitute a case of illegal punishment.

This ruling is crucial as it highlights a fundamental principle: not every irregularity in determining punishment can lead to appeals in Cassation. In particular, if the increase in punishment is below what is established by law, an illegal punishment is not configured, and therefore the prerequisites for an appeal do not exist. This implies that plea bargaining, as an instrument for deflating the criminal process, must be respected even in its final decisions.

Practical Implications for Lawyers

For legal professionals, this ruling offers important points for reflection. Here are some aspects to consider:

  • The need for careful evaluation of the circumstances in which a plea bargain can be proposed.
  • The importance of in-depth analysis of the punishment imposed in cases of recidivism.
  • Awareness that the admissibility of the appeal in Cassation is closely linked to the configuration of the punishment.

In summary, Judgment No. 18772 of 2023 not only clarifies the limits of the appeal in cassation regarding plea bargaining but also emphasizes the importance of a careful and informed approach in managing criminal cases.

Conclusions

The recent ruling of the Cassation reminds us that the Italian legal system, despite its complexity, seeks to ensure a balance between justice and speed in resolving criminal disputes. This is particularly evident in the area of plea bargaining, where the certainty of punishment and its appropriateness must always be taken into account. Lawyers and professionals in the field must, therefore, be ready to navigate these waters with competence and preparation.

Bianucci Law Firm