Commentary on Judgment No. 39155 of 2024: Repeal and Succession of Criminal Laws

The judgment n. 39155 of September 24, 2024, issued by the Court of Cassation, addresses a topic of great relevance in the Italian legal landscape: the distinction between the repeal of a crime and the succession of criminal laws. This issue, often the subject of debate among legal scholars and practitioners, is clarified through the decision examined in this article.

Regulatory Context

The case concerns Article 7 of the decree law of January 28, 2019, No. 4, converted into law No. 26 of March 28, 2019, which introduced a new crime. Recently, Article 1, paragraph 318, of law No. 197 of 2022 provided for the repeal of this provision starting from January 1, 2024. However, the Court ruled that this repeal does not automatically entail the abolition of the crime in question, as provided by Article 673 of the Code of Criminal Procedure.

The Distinction Between Repeal and Succession of Criminal Laws

Crime referred to in Article 7 of decree law No. 4 of 2019, converted, with amendments, into law No. 26 of 2019 - Repeal by Article 1, paragraph 318, law No. 197 of 2022, starting from January 1, 2024 - Revocation of the judgment for "abolitio criminis" under Article 673 of the Code of Criminal Procedure - Exclusion - Reasons. In terms of execution, the conviction for the crime referred to in Article 7 of decree law January 28, 2019, No. 4, converted, with amendments, by law March 28, 2019, No. 26, should not be revoked under Article 673 of the Code of Criminal Procedure since the formal repeal of the indicated incriminating provision, mandated by Article 1, paragraph 318, law December 29, 2022, No. 197, effective from January 1, 2024, does not constitute a case of "abolitio criminis," as referred to in Article 2, second paragraph, of the Penal Code, but gives rise to a phenomenon of succession of criminal laws over time, fitting within the provisions of Article 2, third paragraph, of the Penal Code, considering the corresponding incrimination introduced by Article 8 of decree law May 4, 2023, No. 48, converted, with amendments, by law July 3, 2023, No. 85, which is entirely overlapping and refers to the income of inclusion in replacement of that of citizenship.

This maxim highlights that the repeal of the provision does not automatically entail the revocation of already issued convictions. In fact, the Court clarified that the situation is configured as a succession of criminal laws, as established by Article 2, third paragraph, of the Penal Code. Therefore, the new provision introduced by decree law May 4, 2023, No. 48, is considered overlapping with the previous one, thus ensuring the continuity of the sanctioning system.

Practical Implications of the Judgment

The practical consequences of this judgment are significant for legal professionals and citizens:

• Clarification on the non-revocability of convictions in the event of legal repeal.
• Importance of the succession of criminal laws in the stability of the legal system.
• Strengthening of legal certainty for individuals already convicted.

In summary, judgment No. 39155 of 2024 represents an important step forward in understanding criminal law and its dynamics, affirming the necessity of maintaining the continuity of criminal law even in the event of changes to the laws.

Conclusions

The Court of Cassation, with this decision, not only clarifies the issue of the repeal and succession of criminal laws but also provides a solid legal foundation for the stability of the Italian penal system. This is a clear message for all legal practitioners: laws may change, but legal certainty and respect for convictions cannot be questioned.