Judgment No. 1061 of 2024: The Complaint Procedure Regime and the More Favorable Law

The judgment No. 1061, issued by the Court of Cassation on December 20, 2024, provides an important interpretation regarding the succession of laws in criminal matters, particularly concerning the regime of prosecutability of offenses. The Court addresses a case involving aggravated private violence, examining how legal provisions apply in the context of legislative change.

The Context of the Judgment

The central question of the judgment is as follows: what happens when, during a criminal proceeding, there is a transition from a complaint procedure regime to one of official prosecution? This aspect is of fundamental importance to ensure the rights of the accused and the fairness of the trial. The Court established that, in such cases, the more favorable law must be applied to the offender, in accordance with Article 2, paragraph four, of the Penal Code.

Offense in relation to which, during the trial, the regime of complaint procedure is first introduced and then the one of official prosecution is restored - Application of the more favorable law, pursuant to art. 2, paragraph four, Penal Code - Existence - Reasons - Hypothesis. In terms of the succession of laws, if during the trial the complaint procedure regime is introduced for the contested offense, and official prosecution is then restored, the law whose provisions are more favorable to the offender must be applied, pursuant to art. 2, paragraph four, Penal Code, given the mixed, substantive and procedural nature of the complaint. (Hypothesis relating to the crime of aggravated private violence under art. 416-bis.1 Penal Code, committed before Legislative Decree No. 150 of October 10, 2022 excluded official prosecutability, and judged after the reintroduction of the previous regime by Law No. 60 of May 24, 2023).

The Implications of the Decision

The decision of the Court of Cassation is of great importance not only for the specific case but also for jurisprudence in general. It clarifies that the nature of the complaint is mixed, substantive, and procedural, and therefore its application must take into account the fundamental rights of the accused. The Court, in recalling Article 2 of the Penal Code, emphasizes the importance of ensuring the application of the more favorable law, a principle that has deep roots in European law as well.

  • Importance of protecting the rights of the accused.
  • Need for a favorable interpretation in cases of succession of laws.
  • Implications for future cases of private violence and similar offenses.

This principle is essential to ensure not only fair justice but also to avoid abuses by the criminal system, especially in situations where individuals' rights may be compromised by legislative changes.

Conclusions

In summary, the judgment No. 1061 of 2024 of the Court of Cassation represents an important step forward in understanding the succession of laws in criminal matters. It reaffirms the principle of applying the more favorable law, protecting the rights of the accused and ensuring a fair trial. This case will surely serve as a reference for future legal decisions in the field, underscoring the importance of a legal system that respects and safeguards the fundamental rights of all citizens.

Bianucci Law Firm