Comment on Judgment No. 37745 of 2024: Proceeding by Complaint and Damage
The recent judgment No. 37745 of September 19, 2024, filed on October 15, 2024, provides important insights regarding the proceeding by complaint in cases of damage, particularly those concerning items exposed to public faith. The Court of Cassation, presided over by P. D. and reported by E. G., addressed the issue of the legitimacy of the appeal for lack of complaint, introducing a new regulatory aspect that deserves analysis.
The Regulatory Context and the Specific Case
The case under examination concerns a crime of damaging items exposed to public faith, which, according to the recent legislative reform introduced by Legislative Decree No. 31 of March 19, 2024, has become subject to proceeding by complaint. In this context, the Court established that an appeal is admissible if it raises, as the sole reason, the issue of inadmissibility for lack of complaint, even if such proceeding was introduced after the contested judgment.
- Reform of the legislation on proceeding by complaint.
- Implications for crimes of damage.
- Possibility of appealing to the Court of Cassation for lack of complaint.
The Holding of the Judgment and Its Interpretation
Judgment of legitimacy - Subsequent introduction of proceeding by complaint - Appeal raising the lack of complaint as the only reason - Admissibility. (Specific case concerning damage to items exposed to public faith). In terms of legitimacy judgment, an appeal raising, as the sole reason, the issue of inadmissibility for lack of complaint in a crime for which this form of proceeding was introduced after the contested judgment is admissible. (Specific case concerning the crime of damage to items exposed to public faith, which became subject to initiative by parties due to Article 1, paragraph 1, letter b), Legislative Decree of March 19, 2024, No. 31).
This holding summarizes the legal novelty brought by the judgment. The Court of Cassation essentially affirmed that, in situations where new legislation introduces the necessity of a complaint to proceed criminally, the interested parties can claim this lack of complaint even in the context of legitimacy. This constitutes an important step towards the protection of citizens' rights, ensuring that new provisions are applied even to cases already pending.
Conclusions
In summary, judgment No. 37745 of 2024 represents a significant turning point in the legal treatment of damage crimes in relation to proceeding by complaint. It underscores the importance of adequately respecting procedural norms and the rights of defendants, addressing a highly relevant issue for Italian criminal law. Legal practitioners must pay attention to these new provisions, which could influence defense strategies and the management of ongoing criminal proceedings.
