Analysis of Judgment No. 37849 of 2024 on Social Dangerousness and Preventive Measures

The judgment no. 37849 of May 30, 2024, from the Court of Appeal of Turin represents an important ruling on the matter of social dangerousness and preventive measures. In this context, it is essential to understand how the judge can evaluate not only definitive convictions but also the elements emerging from pending criminal proceedings. This approach, although controversial, has been reiterated and clarified by the Court to ensure public safety.

The Judgment of Dangerousness and Preventive Measures

According to the principle expressed in the judgment, the judge has the authority to consider not only the facts established by a conviction but also those emerging from non-definitive criminal proceedings. In particular, the Court stated:

Judgment of dangerousness - Elements emerging from pending criminal proceedings - Relevance - Conditions - Indication - Case. In terms of preventive measures, the judge, for the purposes of the dangerousness judgment, may evaluate not only the established factual elements based on a conviction but also those emerging from pending criminal proceedings for crimes that are significant in this regard, within which judgments have been formulated that do not exclude the responsibility of the proposed. (In application of the principle, the Court deemed the decision of the appeal judge confirming the measure of special surveillance and confiscation, adopted based on the existence, against the appellant, of multiple investigations and numerous non-definitive criminal proceedings for lucrogenetic crimes, immune from defects, despite the presence of a definitive acquittal for similar acts). (Conf.: No. 3010 of 1993, Rv. 195671–01).

This ruling invites reflection on the necessity of an overall assessment of social dangerousness, which cannot be limited to past events but must also consider the current situation of the individual, including any ongoing criminal proceedings.

Significance of the Judgment in the Current Legal Context

The judgment in question fits into a broader legal context, where the legislature and case law place a strong emphasis on public safety. In particular, Legislative Decree No. 159 of September 6, 2011, establishes preventive measures and their related conditions, aiming to combat organized crime and particularly serious offenses.

  • Relevance of pending criminal proceedings in the assessment of social dangerousness.
  • Possibility of applying preventive measures even in the absence of definitive convictions.
  • Importance of the overall assessment of the individual's conduct.

It is essential that judges, in their work, take into account not only the established criminal history but also all the signs and evidence that may emerge from ongoing investigations, thus ensuring a balance between individual rights and the protection of the community.

Conclusions

In conclusion, judgment no. 37849 of 2024 from the Court of Appeal of Turin offers a fundamental key to understanding how the Italian judicial system addresses the issue of social dangerousness. The possibility of considering non-definitive investigations in the dangerousness judgment represents an important evolution in the field of preventive measures. It serves as a reminder for constant vigilance and an approach that does not overlook warning signals arising from ongoing criminal proceedings, thus ensuring greater safety for society.

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