Preventive Measures and Appeal: Commentary on Judgment No. 44060 of 2024

The recent Judgment No. 44060 of July 11, 2024, by the Court of Cassation represents an important ruling regarding personal preventive measures and their appealability. The Court addressed the issue of the applicability of review requests following the annulment of an original preventive measure, establishing clear criteria for the request of new measures.

The Content of the Judgment

In particular, the Court clarified that the provisions applying a new preventive measure are subject to appeal through a review request when the originally applied measure is annulled. This principle establishes a fundamental distinction between the preventive measures in question:

  • Original measures, which can be annulled for various reasons;
  • New measures, which must be considered autonomous and not conditioned by the previous one.

However, the Court excluded the appealability through a review request for extensions of custody and for measures ordered for probative needs, as indicated in Articles 305 and 301 of the Code of Criminal Procedure.

Provisions applying a new preventive measure - Annulled preventive measure and issuance of a new and autonomous measure - Appeal - Review request. In terms of personal preventive measures, the provisions applying a new preventive measure are subject to appeal through a review request whenever the originally applied measure is annulled, for any reason, and a subsequent, autonomous measure from the first is issued, that is, not conditioned by the previous precautionary situation. (In the reasoning, the Court excluded the appealability with the review request for provisions extending the custody terms pursuant to Article 305, paragraph 2, of the Code of Criminal Procedure, for renewal of preventive measures ordered for probative needs pursuant to Article 301, paragraph 1, of the Code of Criminal Procedure, for provisions pursuant to Article 307, paragraph 2, letters a) and b), of the Code of Criminal Procedure, and for the provision of Article 307, paragraph 4, of the Code of Criminal Procedure.)

Practical Implications of the Judgment

This judgment has significant practical implications for lawyers and defendants involved in criminal proceedings. In fact, the distinction between original and autonomous preventive measures clarifies the methods of defense and the timing for appeal. It is essential for lawyers to be aware of how and when to file review requests, especially in situations where the preventive measure has been annulled.

Conclusions

In conclusion, Judgment No. 44060 of 2024 provides important clarification on the regulation of personal preventive measures in the Italian legal system. The possibility of appealing new measures, provided they are autonomous from the previous ones, represents a step forward in the protection of defendants' rights. Legal practitioners must therefore pay attention to these details to ensure effective defense.

Bianucci Law Firm