Commentary on Judgment No. 38491 of 2024: Jurisdiction and Connections in Crimes
In judgment No. 38491 of June 20, 2024, the Court of Cassation addressed a crucial issue in criminal law: the determination of territorial jurisdiction in the case of connected crimes. The ruling, which involves the defendant L. S., clarifies some fundamental aspects regarding the prosecution's accusation and its implications on judicial jurisdiction.
The Context of the Judgment
The Court declared inadmissible the appeal filed against the decision of the Court of Appeal of Milan, which had already established the territorial jurisdiction based on the accusation made by the prosecution. This principle is of fundamental importance, as it establishes that jurisdiction must be determined based on the formal acts of accusation, unless obvious and glaring errors emerge.
The Principle of the Judgment
Determination of jurisdiction - Reference to the prosecution's accusation - Subsequent acquittal from some of the contested crimes or exclusion of certain aggravating circumstances - Relevance - Exclusion. The territorial jurisdiction, in the case of connected crimes, is determined by reference to the accusation made by the prosecution, unless it contains significant, glaring, and immediately perceivable errors, so that acquittal from some of the contested crimes or the exclusion of certain aggravating circumstances cannot lead to a change "ex post".
This principle highlights how the stability of territorial jurisdiction is essential to ensure certainty and stability in the criminal process. The Court clarifies that any acquittal from certain crimes or the exclusion of aggravating factors should not affect the jurisdiction already established, unless there are evident errors in the initial accusation. This principle is in line with the New Code of Criminal Procedure and with established jurisprudence in the matter, as also highlighted by previous maxims.
Relevance of the Judgment in Italian Jurisprudence
This judgment fits into a well-defined line of jurisprudence, where the Court of Cassation has already addressed similar issues. Among the legal references, the Penal Code (art. 61, paragraph 1, letter 2) and the New Code of Criminal Procedure (art. 12) provide a clear regulatory framework on jurisdiction for connected crimes. The principle established by the Court is fundamental to avoid jurisdictional conflicts and ensure a fair trial, preventing subsequent decisions from compromising legal stability.
- Clarity in the determination of territorial jurisdiction
- Stability of the criminal process
- Importance of the prosecution's accusation
Conclusions
In conclusion, judgment No. 38491 of 2024 represents an important reference point for Italian jurisprudence on territorial jurisdiction. The Court of Cassation, reaffirming previously established lines, emphasizes the necessity of a clear and unequivocal accusation by the prosecution, stating that any changes in the procedural situation cannot influence the established jurisdiction. This principle guarantees the stability and certainty of the law, fundamental elements for a just and fair trial.
