Commentary on Judgment No. 45816 of 2024: Opposition to Criminal Penalty Decree and Payment Installment of Monetary Penalty

Judgment No. 45816 of 2024, deposited on December 13, 2024, provides an important clarification regarding opposition to a criminal penalty decree, particularly concerning the installment payment of the monetary penalty. This decision, issued by the Court of Cassation, represents a fundamental reference point for understanding the rights of defendants and the applicable legal procedures.

The Context of the Judgment

The Court declared the appeal against the rejection of the request for installment payment of the monetary penalty, presented in the context of opposition to a criminal penalty decree, inadmissible. It is important to emphasize that, according to the Court, such a provision is unchallengeable. In other words, the defendant does not have the opportunity to contest the rejection of the request for installment payment at that specific moment in the process.

The Principle of the Judgment

“(EXHAUSTIVENESS) - Opposition to criminal penalty decree - Request aimed at obtaining the installment payment of the monetary penalty - Rejection provision - Appealability - Exclusion. The provision rejecting the request for installment payment of the monetary penalty presented in opposition to the criminal penalty decree is unchallengeable. (In the reasoning, the Court specified that the request can instead be made in the subsequent judgment following the opposition or directly to the supervising magistrate pursuant to Article 660, paragraph 3, second period, of the Code of Criminal Procedure.)”

This principle highlights a crucial aspect: the impossibility of contesting the rejection of the request for installment payment in the context of opposition. However, the Court clarifies that the defendant still has the option to present the request at a later time, in the judgment following the opposition, or directly to the supervising magistrate. This implies that, although it is not possible to challenge the rejection, there are alternative channels to obtain an installment payment.

Legal and Procedural Implications

The decision of the Court of Cassation fits into a clear regulatory framework, which provides for the exhaustiveness of appeal means in criminal matters. This exhaustiveness is provided for by Article 568 of the Code of Criminal Procedure, which establishes that the methods of appeal must be specifically indicated and limited.

  • The installment payment of the monetary penalty can also be requested at a later time than the opposition.
  • The supervising magistrate plays a key role in managing installment requests.
  • It is essential for defendants to be informed about the correct procedures to avoid legal complications.

In conclusion, judgment No. 45816 of 2024 reminds us of the importance of following the correct procedures in criminal matters. Defendants must be aware of the limitations imposed by law, but also of the opportunities available to seek more favorable solutions.

Conclusions

The Court of Cassation, with this judgment, clarified a fundamental aspect of Italian criminal law, reinforcing the exhaustiveness of appeal means and providing clear indications on how to proceed in case of the need for installment payments of monetary penalties. It is therefore essential that legal practitioners and defendants fully understand the implications of this decision.

Bianucci Law Firm