Commentary on Judgment No. 16760 of 2023: Transitional Provisions and Late Complaint

Judgment No. 16760 of January 19, 2023, represents an important reference point for understanding the rules governing late complaints, particularly in relation to offenses that became prosecutable upon complaint following Legislative Decree No. 36 of 2018. In this context, the Court of Cassation ruled on the validity of a complaint filed after the deadline stipulated by Article 124 of the Criminal Code, but before the entry into force of the new regulatory regime.

Regulatory Context and Relevance of the Judgment

Legislative Decree No. 36 of 2018 introduced significant changes regarding the prosecutability of certain offenses, making them prosecutable upon complaint. This reform generated several interpretative issues, particularly concerning the transition between the old and new regimes. The headnote of the judgment reads:

Offenses that became prosecutable upon complaint by virtue of Legislative Decree No. 36 of 2018 - Late complaint filed before the decree's entry into force - Transitional provisions - Applicability - Reasons. Regarding conditions of prosecutability, concerning offenses that became prosecutable upon complaint by virtue of Legislative Decree No. 36 of April 10, 2018, the transitional provisions under Article 12, paragraph 2, of the aforementioned Legislative Decree, which, in the case of pending proceedings, provides for notice to the injured party for the potential exercise of the right to file a complaint, also apply to the offended party who has previously expressed the will for punishment beyond the deadline under Article 124 of the Criminal Code, given that the assessment of the condition of prosecutability is anchored to the moment of the new regulatory regime's entry into force, rendering irrelevant any irregularities in the complaint pertaining to a prior procedural stage, when it was not required for prosecutability.

In essence, the Court clarified that even if a complaint was filed late, it can be considered valid if the proceedings are still pending and the will for punishment has been expressed.

Practical Implications of the Judgment

This decision has significant consequences for legal practice. The conditions of prosecutability, in this context, refer to:

• Validity of the complaint even if filed after the deadlines.
• Application of transitional provisions to ensure the right of defense for the injured party.
• Importance of the moment when the new regulatory regime enters into force.

The judgment is based on previous case law, confirming an interpretative line that aims to guarantee victims' access to justice. It is crucial for legal professionals to be aware of these dynamics to adequately advise their clients.

Conclusions

In conclusion, judgment No. 16760 of 2023 offers important clarification on the issue of late complaints and their validity within the new regulatory framework. The Court of Cassation has shown particular attention towards the injured party, ensuring that procedural irregularities do not preclude the exercise of the right to file a complaint. Legal practitioners must keep these developments in mind for the correct management of complaint cases, thereby ensuring adequate protection for their clients.