Analysis of Judgment No. 13806 of 2023: The Prohibition of "Reformatio in Peius"
The very recent judgment No. 13806 of March 7, 2023, filed on April 3, 2023, provides significant insights regarding the principle of the prohibition of "reformatio in peius" in the context of Italian criminal law. This principle, enshrined in Article 597, paragraph 4 of the Code of Criminal Procedure, is fundamental to ensure that the defendant does not suffer an increase in penalty following an appeal by the losing party. The Court of Cassation, in this decision, clarified the modalities for applying this prohibition, particularly in cases of continued offenses.
The Context of the Judgment
In this case, the defendant M. C. had been convicted for continued offenses, but the Court of Appeal of Bari subsequently partially annulled the conviction for the more serious offense, remitting the matter to the referral judge for the re-determination of the penalty for the residual offense. However, the referral judge increased the penalty for the satellite offense, exceeding what had been established in the first judgment. This action led to a violation of the prohibition of "reformatio in peius".
PROHIBITION OF "REFORMATIO IN PEIUS" - Continued offense - Partial annulment of the conviction for the more serious offense - Re-determination of the penalty – Powers of the referral judge – Extension and limits of the prohibition of “reformatio in peius” - Case. In the referral judgment following the annulment of the conviction for the only more serious offense, the referral judge, in determining the penalty for the less serious residual offense, is not bound by the amount of penalty identified as an increase pursuant to Article 81, paragraph two, of the Penal Code, but, by the rule of the prohibition of "reformatio in peius", cannot impose a penalty that, in type and amount, constitutes an aggravation of that identified in the judgment prior to the partial annulment, as the basis for the calculation of increases by way of continuation.
The Principle of the Prohibition of "Reformatio in Peius"
The prohibition of "reformatio in peius" is a cornerstone principle that protects the defendant's right to defense, preventing an appeal from resulting in a harsher conviction. This principle has its roots in the principle of legality and the right to a fair trial, guaranteed by the Italian Constitution and the European Convention on Human Rights. Based on this principle, the referral judge has the obligation not to increase the penalty already established in the first instance, unless there are new elements of evidence that justify such a decision.
Conclusions
Judgment No. 13806 of 2023 represents an important confirmation of the prohibition of "reformatio in peius" and the rights of the defendant in criminal proceedings. It underscores the importance of ensuring that the referral judge respects the limits imposed by jurisprudence, avoiding the imposition of harsher penalties without adequate justification. This principle not only protects defendants but also contributes to ensuring fairness and justice within the judicial system. Clarity and consistency in the application of such norms are fundamental to preserving citizens' trust in the legal system.
