• via Alberto da Giussano, 26, 20145 Milano
  • +39 02 4003 1253
  • info@studiolegalebianucci.it
  • Criminal Lawyer, Family Lawyer, Divorce Lawyer

Analysis of Judgment No. 17564 of 2023: Accessory Penalties and Continued Crimes

Judgment No. 17564 of April 6, 2023, by the Court of Cassation addresses a matter of significant importance in criminal law: the determination of the duration of accessory penalties in cases of multiple crimes unified by the bond of continuation. This aspect is crucial not only for lawyers but also for anyone wishing to understand how criminal sanctions work in Italy.

The Principle of Continuation Among Crimes

According to Article 37 of the Penal Code, continuation occurs when an individual commits multiple crimes unified by a bond of connection. It is essential to understand that, in the case of homogeneous crimes, the law provides that the accessory penalty is applied for each crime, leading to an overall duration that takes into account the entire main penalty imposed.

Duration - Continued crime - Determination criterion - Continuation among homogeneous crimes - Consequences. In the case of multiple crimes unified by the bond of continuation, the duration of the accessory penalty according to the criterion established by Article 37 of the Penal Code must be determined with reference to the main penalty imposed for the most serious violation, with the exception of the case of continuation among homogeneous crimes, where the identity of the unified crimes necessarily entails the application of an accessory penalty for each of them, so that the overall duration must be commensurate with the entire main penalty imposed by the conviction, including any increase for continuation.

Practical Implications of the Ruling

The ruling of the Court of Cassation clarifies that, in the case of homogeneous crimes, a single calculation criterion cannot be adopted, but each crime must be considered as a separate legal entity. This approach ensures greater fairness in the sanction, preventing the sum of the accessory penalties from resulting in an excessive or unjust overall penalty.

  • Recognition of the identity of homogeneous crimes.
  • Application of accessory penalties for each crime.
  • Importance of the correct determination of the overall duration of penalties.

Conclusions

Judgment No. 17564 of 2023 represents an important step forward in clarifying the methods of applying accessory penalties in cases of continued crimes, highlighting how the distinction between homogeneous and non-homogeneous crimes can influence their sanction. This principle not only reflects a fairer interpretation of the law but also contributes to greater legal certainty for the parties involved. It is essential for legal practitioners to take these indications into account for the correct application of the current regulations.