Commentary on Judgment No. 16994 of 2023: Prohibition of Reformatio in Peius and Monetary Penalty
The recent ruling No. 16994 of 2023 by the Court of Cassation provides significant insights into the principle of "reformatio in peius" and its applications in the criminal field. This decision, which rejects an appeal regarding the reduction of the custodial sentence and the increase of the monetary penalty, clarifies important aspects of the Italian sanctioning system.
The Regulatory Context
The prohibition of "reformatio in peius" is a well-established principle in our legal system, enshrined in Article 597 of the Code of Criminal Procedure. It establishes that, in the appeal stage, the judge cannot worsen the defendant's position compared to what was decided in the first instance, unless there are new evidence or factual elements that justify such an aggravation.
The judgment under examination, issued by the Court of Cassation, refers to Article 135 of the Penal Code, which governs the recalculation of penalties. In particular, the Court clarifies that the prohibition of "reformatio in peius" is not violated when, in light of a reduction in the custodial sentence, there is an increase in the monetary penalty, provided that the final sum of the penalties does not exceed the total penalty imposed in the first instance.
The Significance of the Judgment
PROHIBITION OF "REFORMATIO IN PEIUS" - Reduction of custodial sentence - Recalculation resulting in an increase of the monetary penalty - Admissibility - Conditions.
The Court has thus stated that the increase of the monetary penalty is admissible if, after making the adjustment as provided for by Article 135 of the Penal Code, the total does not exceed the amount of the penalty imposed in the first instance. This aspect is fundamental to protect the rights of the defendant, preventing a cumulative sentence in the appeal from being harsher than that already imposed.
- Reference to Article 135 of the Penal Code.
- Application of the principle of "reformatio in peius" in the criminal field.
- Distinction between custodial sentence and monetary penalty.
Conclusions
Judgment No. 16994 of 2023 represents an important confirmation of the balance between the defendant's right to defense and the need to ensure a fair and proportionate sanctioning system. The Court of Cassation, reiterating the prohibition of "reformatio in peius," shows particular attention to procedural guarantees, avoiding that a decision on appeal could further harm the defendant, especially in the event of a reduction of the custodial sentence. This balance is crucial for the proper functioning of criminal justice and the protection of individual rights.
