Judgment No. 39243 of 2024: Legitimization of Exponential Entities of Collective Interests

The recent judgment No. 39243 of July 4, 2024, filed on October 25, 2024, offers an important reflection on the legitimization of exponential entities of collective interests in criminal proceedings. In particular, the Court of Cassation has confirmed the possibility for such entities to exercise the rights of the injured party, provided that the statutory purposes of the entity correspond to the legal goods protected by the contested crime.

Legitimization and Normative Prerequisites

According to the ruling, the legitimization of exponential entities to participate in the proceedings and to exercise the rights of the injured party presupposes a correspondence between the interests protected by the entity and those safeguarded by the crime. This principle applies to situations where the crime in question, as in the case of Article 604 bis of the Penal Code, protects the dignity and equality of individuals.

• Entities such as the Union of Italian Jewish Communities, whose purpose is to combat racism and anti-Semitism.
• National Association of Partisans of Italy, which promotes the values of freedom and democracy.

Exponential entities of collective interests - Legitimization to exercise the rights recognized to the injured party - Prerequisite - Correspondence between the statutory purposes of the entity and the legal good protected by the crime being prosecuted - Case. The legitimization of exponential entities of collective interests to participate in the proceedings and to exercise the rights and powers of the injured party presupposes that the interests statutorily protected by the entities correspond to those protected by the contested crime, to be assessed in strict and specific adherence to the structure and nature of the criminal case. (Case relating to proceedings for the crime referred to in Article 604 bis of the Penal Code, in which, having established that the crime is aimed at protecting the dignity and equality of individuals, the legitimization to act as a civil party was recognized for the Union of Italian Jewish Communities, whose statutory purpose is to combat, wherever and however it manifests, racism, anti-Semitism, prejudice, and intolerance, as well as to protect the representation of the moral goods and interests of Jews, and for the National Association of Partisans of Italy, whose statutory purpose is to promote the full implementation of the Constitution and to support the values of freedom and democracy).

Implications of the Ruling

This ruling represents a significant step forward in recognizing the role of collective entities in the protection of individual and collective rights. Associations working to defend human dignity and against discrimination now have a clear legitimization to intervene in criminal proceedings, strengthening their position in combating hate crimes and prejudice.

Furthermore, the decision aligns with the principles of European law, which promotes the protection of human rights and the fight against all forms of discrimination. European norms indeed encourage the active participation of entities and associations in defending fundamental rights, making this ruling an important precedent for future legal cases.

Conclusions

In conclusion, judgment No. 39243 of 2024 marks an important recognition of the legitimization of exponential entities of collective interests in criminal proceedings. It provides a clear guideline on how to assess the correspondence between the statutory purposes of the entities and the legal goods protected, promoting greater protection of the rights of the injured parties. This development not only strengthens the Italian legal system but also contributes to a broader fight against discrimination and social injustices.