Judgment No. 740 of 2025: The Extrapenal Effects of Plea Bargaining in Disciplinary Sanctions

Judgment No. 740 of January 12, 2025, represents an important reference point for understanding the interactions between criminal law and disciplinary sanctions in the workplace context. In particular, the Court of Cassation addressed the issue of the extrapenal effects of a plea bargain judgment, clarifying the relevance of the principle of "tempus regit actum." This judgment provides useful insights for legal professionals and workers, as it outlines fundamental criteria for the assessment of disciplinary sanctions.

The Context of the Judgment

The central issue of the judgment concerns the application of disciplinary sanctions in relation to a criminal ruling. The Court established that the effects of a plea bargain judgment must be evaluated based on the regulations in force at the time the disciplinary sanction was imposed. This means that any subsequent legislative changes cannot be applied retroactively, in line with the principle of tempus regit actum.

The Maxims of the Judgment

Disciplinary sanctions - Criminal ruling - Extrapenal effects of a plea bargain judgment - Principle of tempus regit actum - Application - Consequences - Case law. Regarding disciplinary sanctions, the extrapenal effects of the ruling, as outlined in Article 445, paragraph 1-bis, of the Criminal Procedure Code, are governed by the law in effect at the time the disciplinary sanction was imposed by the employer, applying the "principle of tempus regit actum," so that new regulations are not retroactive. (In this case, the Supreme Court stated - regarding the consequences of the plea bargain judgment - that in assessing disciplinary charges, the trial judge cannot disregard the binding nature of the combined provisions of Articles 445, paragraph 1-bis, of the Criminal Procedure Code and 653 of the Criminal Procedure Code, as in force at the time the sanction was imposed).

This maxim highlights that, regarding disciplinary sanctions, the effects of a criminal judgment cannot be considered without taking into account the regulations in force at the time the sanction was imposed. This implies protection for workers, who cannot be penalized by rules that were not in effect at the time of their conduct.

Implications and Conclusions

The implications of this judgment are significant. It emphasizes the importance of a correct interpretation of the regulations concerning disciplinary sanctions, especially in contexts where there is interaction with criminal proceedings. Companies and employers must pay attention to this aspect, ensuring that sanctions are commensurate with the laws in force at the time of imposition.

In summary, Judgment No. 740 of 2025 represents an important clarification in the field of labor law and criminal law, confirming the need for a rigorous and respectful approach to current regulations to ensure justice and fairness in labor relations.

Bianucci Law Firm