Commentary on Judgment No. 44502 of 2024: New Registrations for Ongoing Crimes

The judgment No. 44502 of November 15, 2024, issued by the Court of Cassation, provides important clarifications on the management of preliminary investigations concerning ongoing crimes. In particular, the Court established that, should new elements emerge confirming the continuation of the criminal conduct after the expiration of the term provided by Article 405 of the Code of Criminal Procedure, the public prosecutor is entitled to make a new registration against the same suspect.

The Regulatory Context

The issue addressed by the judgment falls within the scope of preliminary investigations and their closure. Article 405 of the Code of Criminal Procedure establishes a deadline for the conclusion of investigations; however, in the case of ongoing crimes, the unlawful conduct may persist over time. This raises questions about the possibility of acting in the presence of new evidence. The Court, confirming the legitimacy of a new registration, clarifies that there are no limits to the usability of the elements that emerged prior to such registration.

Impacts of the Judgment

This judgment has several practical implications:

  • Recognition of the ongoing nature of certain crimes, allowing for greater flexibility in managing investigations.
  • Possibility for the public prosecutor to reopen cases that seemed closed, thus ensuring greater justice for victims.
  • Reinforcement of the principle of legality and the necessity of an adequate criminal response to unlawful conduct extended over time.
Ongoing crime - Expiration of the deadline pursuant to Article 405 of the Code of Criminal Procedure - Continuation of conduct - New registration against the same suspect - Legitimacy - Consequences. Should new elements emerge during the preliminary investigations regarding an ongoing crime, confirming the continuation of the conduct after the expiration of the deadline set forth by Article 405 of the Code of Criminal Procedure, the public prosecutor may legitimately proceed with a new registration against the same suspect, with no limits on the usability of the elements that emerged before such registration concerning the segment of ongoing crime to which they refer.

Conclusions

In conclusion, judgment No. 44502 of 2024 represents a significant step in Italian jurisprudence regarding ongoing crimes. The possibility of new registrations by the public prosecutor, in the presence of new elements, not only ensures a more flexible and just approach towards prolonged crimes but also provides greater protection to victims. It is essential that legal practitioners consider these indications to ensure a correct application of the law.

Bianucci Law Firm