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Analysis of the Sentence Cass. pen., Sez. V, n. 43625 of 2022: the Recognition of the Non-Mention of the Conviction

The recent ruling of the Supreme Court of Cassation, Section V Criminal, n. 43625 of 2022, focuses on a crucial aspect of Italian criminal law: the recognition of the benefit of non-mention of the conviction in the criminal record certificate. This issue is particularly relevant for defendants, as the presence of a conviction in the record can have detrimental effects on personal and professional life.

The Case Under Appeal

In the case at hand, the defendant A.A. had been convicted for offenses provided for by Articles 624 and 625 of the penal code. The Court of Appeal of Messina, while reforming the first-instance sentence only regarding the severity of the penalty, denied the benefit of non-mention of the conviction, insufficiently justifying the decision.

  • The appellant challenged the decision, arguing a flaw in the reasoning and demonstrating that his request for non-mention had been properly argued.
  • The Court of Cassation accepted the appeal, highlighting the erroneous denial by the Court of Appeal.

The Legal Principles Underlying the Sentence

The Supreme Court recalled a consolidated principle: when a defendant explicitly requests the benefit of non-mention of the conviction, the judge is obliged to justify their decision. The lack of such justification can constitute a flaw in legitimacy.

The defendant, with no criminal record and documented unemployment, demonstrated the conditions for the recognition of the benefit.

By virtue of what is established by Art. 175 of the penal code, the defendant is entitled to such benefit, provided that the required conditions are met, such as the absence of a criminal record and a situation of economic hardship.

Conclusions

Sentence n. 43625 of 2022 represents an important step forward in the protection of defendants' rights. It emphasizes the importance of adequate reasoning by judges in the application of the rules, ensuring a fair balance between the repression of crimes and the safeguarding of individuals' dignity. The Court of Cassation has demonstrated its willingness to intervene to correct decisions that, although legitimate, may be deemed unjust if not adequately justified.