Judgment No. 2776 of 2024: Cartabia Reform and Electricity Theft

The recent judgment no. 2776 of November 20, 2024, issued by the Court of Cassation, has raised important questions regarding the prosecutability of the crime of electricity theft, in relation to the changes introduced by the Cartabia reform. This article aims to analyze the main aspects of the judgment, highlighting the legal and practical implications arising from the new legislation.

The Regulatory Context and the Cartabia Reform

The Cartabia reform, officially Legislative Decree No. 150 of 2022, has introduced significant changes in the discipline of criminal prosecutability. In particular, article 2, paragraph 1, letter i) has modified the rules regarding ex officio prosecutability in cases of theft of goods intended for public service, such as electricity. The Court clarified that, for crimes committed before the reform came into force, the public prosecutor can contest the aggravating circumstance of the good's destination to a public service, even if criminal proceedings had already been initiated.

The Maxim of the Judgment

Electricity - Subsequent prosecutability upon complaint of the crime due to the amendment in Legislative Decree No. 150 of 2022 (so-called Cartabia reform) - Supplemental contestation of the aggravating circumstance referred to in article 625, paragraph one, no. 7), of the penal code, leading to ex officio prosecutability of the crime - Possibility - Limits - Indication. In the case of theft, where the crime concerns electricity and the criminal action was exercised prior to 30/03/2023, the date of entry into force of the amendments introduced regarding prosecutability by article 2, paragraph 1, letter i), Legislative Decree of October 10, 2022, No. 150, the public prosecutor is allowed to supplementally contest the aggravating circumstance of the destination of the stolen good to a public service, referred to in article 625, paragraph one, no. 7), of the penal code, leading to ex officio prosecutability of the crime, within the first trial hearing.

Practical Implications of the Judgment

The consequences of this judgment are significant for criminal practice. In particular, prosecutors now have greater flexibility in contesting aggravating circumstances, even in cases where criminal proceedings had already been initiated before the legislative changes. Among the key points of the judgment, we can list:

  • The possibility of proceeding ex officio for the theft of electricity, considered a good of public service.
  • The temporal limit for contesting aggravating circumstances, which must occur within the first trial hearing.
  • The importance of adhering to the new rules, which can influence defense strategies and procedural decisions.

Conclusions

In conclusion, judgment no. 2776 of 2024 represents an important step in defining the prosecutability of property crimes, particularly concerning the theft of goods intended for public service. The Cartabia reform has introduced new opportunities but also challenges for legal practitioners, highlighting the need for careful analysis of the rules and their practical applications.

Bianucci Law Firm