Comment on Judgment No. 36890 of 2024: Crime of Personal Injuries and Custodial Sentence
The judgment No. 36890 of June 13, 2024, issued by the Court of Cassation, has addressed a highly relevant issue in the field of criminal law, particularly regarding the treatment of penalties for the crime of non-aggravated personal injuries. This ruling is set against a backdrop of evolving legislation, characterized by recent legislative changes that have affected the jurisdiction of judges and the methods of executing penalties.
The Regulatory Context and the Judgment
The Court reiterated that, in the execution phase, the custodial sentence legitimately imposed “ratione temporis” cannot be converted into one of the penalties provided for by Article 52 of Legislative Decree No. 274 of 2000. This principle is based on the fact that alternative sanctions do not have an exclusively pecuniary nature, contrary to what a superficial reading of the new provisions might suggest. The ruling thus emphasizes that the transition of the crime into the abstract jurisdiction of the Justice of the Peace, following the amendments introduced by Legislative Decree of October 10, 2022, No. 150, does not allow for the conversion of the sentence.
The Legal Implications
Crime of non-aggravated personal injuries - Custodial sentence legitimately imposed “ratione temporis” - Transition of the crime, subsequent to the judgment, into the abstract jurisdiction of the Justice of the Peace - Conversion of the custodial sentence into one of the penalties provided for by Article 52 of Legislative Decree No. 274 of 2000 - Possibility - Exclusion - Reasons. In the execution phase, the custodial sentence legitimately imposed "ratione temporis" for the crime of voluntary injuries, which has subsequently transitioned into the abstract jurisdiction of the Justice of the Peace as a result of the amendments made by Legislative Decree of October 10, 2022, No. 150, cannot be converted into one of the penalties provided for by Article 52 of Legislative Decree of August 28, 2000, No. 274, because these latter do not have an exclusively pecuniary nature, thus Article 2, paragraph three, of the Penal Code cannot be applied.
This maxim highlights how the Court of Cassation has emphasized the necessity to ensure that penalties are executed in accordance with the regulations in force at the time of judgment. In other words, the compatibility of the penalty with current norms is fundamental to ensuring a fair trial. The decision is part of a larger debate on the reform of the Italian penal system and the management of penalties, particularly for minor offenses.
Conclusions
Judgment No. 36890 of 2024 represents an important step in clarifying the norms regarding penalties for non-aggravated personal injuries. It provides insights into how criminal law is evolving and the importance of adhering to regulatory provisions at the time of executing penalties. It is essential for legal practitioners to understand these dynamics to ensure the correct application of the law and fair justice for all.
