Judgment No. 3079 of 2024: Insulting a Public Official and the Requirement of Presence

Judgment No. 3079 of 2024, issued by the Court of Cassation, offers an important reflection on the configurability of the crime of insulting a public official. This ruling focuses on the requirement of 'presence' as an essential element for the application of Article 341-bis of the Penal Code, which punishes insults to public officials and public employees.

The Case and the Court's Decision

In the specific case, the defendant, V. B., was accused of having made insulting remarks towards a public official. However, the insults had been heard by individuals not physically present at the scene, raising questions about the validity of the accusation. The Court thus established that it is not sufficient for there to be a mere possibility that the offensive remarks could have been heard by others; physical presence at the time of the incident is necessary.

Art. 341-bis Penal Code - Presence of multiple people - Mere possibility of hearing the insults - Sufficiency - Exclusion - Reasons - Case law. The crime of insulting a public official is not configurably established when the insulting remarks have been heard by individuals not physically present at the incident, given that the requirement of 'presence' cannot be substituted by the mere possibility that the offensive remarks are heard by third parties. (In application of this principle, the Court annulled with referral the contested judgment, which did not clarify whether the witnesses had heard the insults while they were in their own home and, therefore, without being physically present at the incident).

Implications of the Judgment

This judgment has important implications for Italian jurisprudence and for the protection of citizens' rights. It emphasizes how the principle of legality must be strictly respected, avoiding extensive interpretations that could infringe on the rights of the accused. The Court of Cassation, reiterating the necessity of physical presence, aligns itself with a judicial orientation that places respect for the individual and their dignity at the center of the debate, even in contexts of conflict with institutions.

  • Reinforces the concept of 'presence' in criminal law.
  • Limits the possibilities of abuse of the crime of insult.
  • Promotes greater protection of the rights of defendants.

Conclusions

Judgment No. 3079 of 2024 serves as a fundamental reference point in the discussion regarding the crime of insulting a public official. It clarifies that the element of physical presence is not just a detail but an indispensable requirement for the configurability of the crime. This legal orientation not only protects the rights of individuals but also contributes to greater clarity in the application of the rules, thereby fostering a more equitable and just legal system.

Bianucci Law Firm