Supreme Court, Section I, Ruling, 2018: Participation of Individuals in the Crime and the Principles of the ECHR

The ruling no. 36509 of July 30, 2018, by the Supreme Court addresses a crucial issue in criminal law and the respect of European norms, particularly regarding external participation in mafia association. The case in question concerns M.G., who appealed against an order from the Court of Appeal of Palermo that rejected his request for the revocation of a conviction dating back to 1996. The Supreme Court examined whether the principles stated by the European Court of Human Rights (ECHR) in the case C. v. Italy could be applied retroactively to M.G.'s case.

The Legal Context and the ECHR Ruling

The ECHR ruled on April 14, 2015, that external participation in mafia association represented a jurisprudential creation that was neither clear nor predictable at the time of the facts contested against M.G. The Supreme Court noted that, although there was an obligation to comply with the guidelines of the ECHR, the decisions could not be indiscriminately extended to cases not specifically addressed by the Strasbourg Court.

The provision of Article 46 ECHR requires the national judge to comply with the final judgments of the ECHR, limited to the case in question.

The Reasons for the Appeal and the Decision of the Supreme Court

The appeal filed by M.G. was based on two main grounds: the violation of law concerning Articles 7 and 46 ECHR and the failure to consider the conventionally oriented reading of the principle of non-retroactivity. However, the Court found both grounds unfounded, stating that the Court of Appeal of Palermo had not disregarded the principles established by the ECHR and that the issue of external participation could not be exported beyond the specific case.

  • The Supreme Court confirmed that the principle of formal legality does not allow for the existence of offenses of jurisprudential origin.
  • The Court highlighted the necessity of maintaining the consistency of the Italian legal system with the principles of legality and the strictness of criminal norms.

Conclusions

The decision of the Supreme Court in the case of M.G. reaffirms the importance of a clear and predictable legal system, as well as the respect for the principles of legality. The Court established that, although ECHR rulings must be respected, this does not imply a retroactive application of legal principles that were not clear at the time of the unlawful conduct. This case represents an important reflection on the delicate balance between domestic law and international obligations.

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