The ruling no. 21882 of 2023: clarifications on the 'Ne Bis In Idem' principle

The recent ruling no. 21882 of the Court of Cassation dated March 23, 2023 provides important clarifications regarding the 'Ne Bis In Idem' principle, a fundamental concept in Italian criminal law which establishes the prohibition of a second trial for the same fact and the same person. This article aims to delve into the meaning and consequences of this ruling, making it accessible even to those without specific legal training.

The 'Ne Bis In Idem' principle

The 'Ne Bis In Idem' principle has its roots in the respect for res judicata and the protection of the defendant's rights. As highlighted in the ruling under examination, the Court reiterated that a final judgment excludes the possibility of a second trial only against the same person and for the same fact. In other words, if an individual has already been judged for a specific crime, they cannot be tried again for the same fact.

NE BIS IN IDEM - Constraint deriving from res judicata - Effectiveness against a different defendant in a different trial - Exclusion. A final judgment precludes a second trial only against the same person and for the same fact to which the ruling refers, so that, in the case of a different trial involving a different defendant, it is not precluded for the judge to ascertain the same historical fact again, which may be considered committed in different ways or even nonexistent, lacking the requirement of 'the same defendant'.

Implications of the ruling

One of the main implications of this ruling concerns the possibility for the judge to re-examine the same historical fact in trials involving different defendants. The Court specified that nothing prevents a new assessment of the facts, as long as the individuals are different. This means that justice can take its course even in the presence of past judgments, provided that the parties involved are different.

  • Recognition of the right to defense: the principle protects the defendant from repeated judgments.
  • Possibility to evaluate the same fact in different contexts: the judge may consider the fact as having occurred differently.
  • Clarity in procedures: the ruling reduces legal uncertainty in cases of multiple defendants for the same crime.

Conclusions

In conclusion, ruling no. 21882 of 2023 emphasizes the importance of the 'Ne Bis In Idem' principle in ensuring a fair trial and the protection of the rights of the defendant. It simultaneously offers a clear distinction between the rights of those who have already been judged and those of new defendants, thus allowing for a fair administration of justice. It is essential that both legal practitioners and citizens fully understand these dynamics to ensure the correct application of the law.

Bianucci Law Firm