Judgment No. 37142/2024: The Cartabia Reform and the Office-Driven Prosecution in Energy Theft
The judgment No. 37142 of June 12, 2024, filed on October 8, 2024, provides an important point of reflection on the changes made by the Cartabia Reform regarding crimes that have become prosecutable upon complaint. In particular, the case examined concerns an accusation of electricity theft, where the Court annulled a first-instance decision deeming the challenge of an aggravating circumstance, which would have made the crime prosecutable ex officio, to be late. It is crucial to understand the legal implications of this ruling for those operating in the legal field and for citizens who might find themselves involved in similar situations.
New Features Introduced by the Cartabia Reform
The Cartabia Reform, through Legislative Decree No. 150 of 2022, has made significant changes to the Italian criminal system. Among the various interventions, one of the most relevant concerns the possibility for the public prosecutor to modify the charges even after the deadline for filing a complaint has passed, if this is provided by law. In particular, Article 85 of the decree establishes that, after the deadline for the complaint has elapsed, the public prosecutor can challenge an aggravating circumstance that makes the crime prosecutable ex officio. This aspect is central to the decision of the Court of Cassation.
Analysis of the Judgment and Its Implications
The Court clarified that, in the case of crimes that have become prosecutable upon complaint, it is permitted for the public prosecutor to present a supplemental challenge of an aggravating circumstance, even after the deadline for the complaint has passed. This approach is based on an evolutionary interpretation of the norms, aiming to ensure an adequate response to the severity of the crimes. In this specific case, the Court highlighted that the challenge of an aggravating circumstance, such as in the case of electricity theft, cannot be considered late if made at the first useful hearing, thus preserving the effectiveness of criminal justice.
The crime has become prosecutable upon complaint as a result of the amendment introduced by Legislative Decree No. 150 of 2022 (the so-called Cartabia Reform) - Expiration of the deadline for filing a complaint - Supplemental challenge of an aggravating circumstance - Possibility - Consequences - Office-driven prosecution of the crime - Reasons - Case specifics. Regarding crimes that have become prosecutable upon complaint due to the amendment introduced by Legislative Decree of October 10, 2022, No. 150, it is allowed for the public prosecutor, if the deadline for filing the complaint referred to in Article 85 of the cited decree has passed, to modify the charges by challenging, at the first useful hearing, an aggravating circumstance that makes the crime prosecutable ex officio. (Case of electricity theft, in which the Court annulled the first-instance judge's decision that had deemed the supplemental challenge of the aggravating circumstance referred to in Article 625, paragraph one, No. 7, of the Penal Code to be late).
Conclusions
Judgment No. 37142/2024 represents a significant step forward in understanding the dynamics related to the prosecutability of crimes in the context of the Cartabia Reform. It highlights not only the flexibility of the criminal system in response to different criminal cases but also the importance of adequate intervention by the public prosecutor to ensure effective justice. The ability to challenge aggravating circumstances at the first useful hearing, even after the deadline for the complaint, introduces a new dimension in judicial practice that deserves to be analyzed and understood. Therefore, it is essential that all legal practitioners stay updated on such legislative changes and their practical applications.
