Commentary on Judgment No. 45859 of 2024: Substitute Penalties and Evaluation of Criminal Records

The judgment No. 45859 of October 22, 2024, issued by the Court of Cassation, addresses a highly relevant issue in criminal law: the evaluation of criminal records in the context of substitute penalties for short custodial sentences. This aspect is particularly significant in light of the changes introduced by Legislative Decree No. 150 of October 10, 2022, which modified the application methods for substitute penalties.

Regulatory Context and Innovations of Legislative Decree 150/2022

According to Article 133 of the Criminal Code, the judge must assess not only the severity of the crime but also the behavior of the defendant and their personal circumstances. The judgment under review clarifies that, concerning substitute penalties, the judge cannot limit themselves to exclusively considering the criminal records. Instead, they must analyze the nature, number, and timing of the committed offenses. This regulatory innovation is crucial for ensuring a fairer and more balanced interpretation of the law.

The Principle of the Judgment and Its Importance

Substitute penalties for short custodial sentences - The judge's assessment of the prognosis for compliance with the prescriptions - Valuation of criminal records, taking into account their number, nature, and the timing of the offenses - Legitimacy - Case law. Regarding substitute penalties for short custodial sentences, the judge, even following the changes introduced by Legislative Decree No. 150 of October 10, 2022, cannot argue a negative prognosis regarding compliance with the prescriptions by the defendant solely based on their criminal records, but can draw evaluation elements from the nature and number of these records, as well as the timing of the offenses.

This principle highlights a significant paradigm shift in how judges must approach requests for the substitution of penalties. The Court has determined that the assessment must be comprehensive, considering not only the defendant's past conduct but also their current willingness to comply with the imposed prescriptions.

Practical Implications of the Judgment

The practical implications of this judgment are notable and can significantly influence criminal proceedings. Among the main considerations are:

  • The need for a more nuanced evaluation of criminal records.
  • The possibility of accessing substitute penalties even for individuals with records, provided there are positive elements to consider.
  • The strengthening of the principle of individualization of penalties, in line with human rights and European regulations.

This approach allows for differentiation between defendants who, despite having records, can demonstrate positive changes in their behavior.

Conclusions

In conclusion, judgment No. 45859 of 2024 represents a step forward in Italian jurisprudence regarding substitute penalties. The necessity for a comprehensive evaluation of criminal records, as established by the Court of Cassation, provides greater protection of the individual rights of defendants and promotes a fairer and more humane legal system. This regulatory change not only improves the application of the law but also reflects an evolution in Italian criminal philosophy towards a more rehabilitative and less punitive approach.

Bianucci Law Firm