Commentary on Judgment No. 16760 of 2023: Transitional Regulation and Late Complaint
Judgment No. 16760 of January 19, 2023, represents an important reference point for understanding the regulation of late complaints, particularly in relation to crimes that have become prosecutable through complaint following Legislative Decree No. 36 of 2018. In this instance, the Court of Cassation ruled on the validity of a complaint filed beyond the deadline set by Article 124 of the Penal 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 crimes, making them prosecutable through complaint. This reform has generated various interpretative issues, particularly concerning the transition between the old and new regimes. The key principle of the judgment in question states:
Crimes that have become prosecutable through complaint due to Legislative Decree No. 36 of 2018 - Late complaint filed before the entry into force of the decree - Transitional regulation - Applicability - Reasons. Regarding conditions for prosecutability, with respect to crimes that have become prosecutable through complaint due to Legislative Decree No. 36 of April 10, 2018, the transitional regulation referred to in Article 12, paragraph 2, of the aforementioned decree, which, in the case of ongoing proceedings, provides for notification to the injured party for the possible exercise of the right to file a complaint, is applicable even in relation to the injured person who has previously expressed the will for punishment beyond the deadline set by Article 124 of the Penal Code, since the assessment regarding the condition of prosecutability is anchored to the moment of entry into force of the new regulatory regime, regardless of any irregularities of the complaint relating to an earlier procedural moment, in which it was not required for prosecutability.
In essence, the Court clarified that even if a complaint has been filed late, it can still be considered valid if the proceedings are still ongoing and the will for punishment has been expressed.
Practical Implications of the Judgment
This decision has significant consequences for legal practice. The conditions for prosecutability, in this context, refer to:
- The validity of the complaint even if filed beyond the deadlines.
- The application of the transitional regulation to ensure the injured party’s right to defense.
- The importance of the moment when the new regulatory regime comes into force.
The judgment is based on precedential case law, confirming an interpretative line that seeks to guarantee victims' access to justice. It is essential for legal professionals to be aware of these dynamics in order to adequately advise their clients.
Conclusions
In conclusion, Judgment No. 16760 of 2023 provides important clarification on the issue of late complaints and their validity in the new regulatory context. The Court of Cassation has shown particular attention to the injured party, ensuring that procedural irregularities do not preclude the exercise of the right to file a complaint. Legal operators must keep these developments in mind for the proper management of complaint cases, thus ensuring adequate protection for their clients.
