Commentary on Judgment No. 639 of 2024: Stalking Acts and Officio Proceedability

Judgment No. 639 of 2024, issued by the Court of Cassation, represents an important evolution in Italian jurisprudence regarding stalking acts, particularly concerning the officio proceedability in the case of a warning issued by the police chief. This decision offers significant points for reflection, both legally and practically, for lawyers and citizens involved in situations of violence and stalking.

The Legal Nature of the Warning

According to the ruling, the warning from the police chief, provided for in Article 8, paragraph 2 of Decree Law No. 11 of February 23, 2009, is not considered a condition for the proceedability of the offense, but rather an administrative act that establishes a status for the recipient. This means that, in the presence of a warning, the offense becomes subject to officio proceedability. The amendment made by Law No. 168 of November 24, 2023, has extended proceedability to offenses committed by individuals already warned against persons other than the original victim.

Stalking acts - Officio proceedability in the case of a warning from the police chief - Legal nature of the warning - Article 8, paragraph 4, Decree Law No. 11 of February 23, 2009, converted into Law No. 38 of April 23, 2009, as amended by Article 1, paragraph 3, Law No. 168 of November 24, 2023 - Unfavorable change in the proceedability regime of the offense - Prohibition of retroactivity of the more unfavorable criminal law - Violation - Non-existence. Regarding stalking acts, the warning from the police chief, as provided for in Article 8, paragraph 2, Decree Law No. 11 of February 23, 2009, converted into Law No. 38 of April 23, 2009, does not constitute a condition for the proceedability of the offense but is an administrative act that establishes a status for the recipient, making the offense subject to officio proceedability. Therefore, following the amendment made by Article 1, paragraph 3, Law No. 168 of November 24, 2023, to paragraph 4 of the aforementioned Article 8, which has extended officio proceedability to offenses committed by individuals already warned against a person different from the original victim, it must be excluded that there is a violation of the prohibition of retroactivity of the more unfavorable criminal law which does not apply in relation to the effectiveness of an administrative measure made before the commission of the criminal act.

The Issue of Retroactivity

A crucial aspect of the ruling concerns the prohibition of retroactivity of criminal law. The Court clarified that the legislative amendment does not constitute a violation of this prohibition, as the warning is an administrative measure that does not affect criminal law in a restrictive sense. This clarification is fundamental to ensure that the rights of the accused are respected while seeking to protect victims of stalking acts.

Practical Implications and Conclusions

The practical implications of Judgment No. 639 of 2024 are manifold:

  • Clarity on officio proceedability for stalking offenses, even in the case of previous warnings.
  • Strengthening protection for victims of stalking acts.
  • Clarity on the limits of the retroactivity of criminal law, safeguarding the rights of the accused.

In conclusion, Judgment No. 639 of 2024 represents a significant step in the fight against stalking acts, emphasizing the importance of a balance between protecting victims and the rights of the accused. It is essential that legal professionals and citizens are informed about these dynamics to better address such delicate situations.

Bianucci Law Firm