Judgment No. 34607 of 2023: Recognition of Foreign Judgments and Criminal Effects

The judgment No. 34607 of May 25, 2023, issued by the Court of Cassation, addresses a matter of particular relevance in Italian criminal law: the recognition of foreign judgments and their effects on the criminal record. This ruling fits into a complex legal context and deserves a thorough analysis to understand its practical and theoretical implications.

Context of the Judgment

The case examined by the Court involves the defendant C. R., who requested the cancellation of certain entries from her criminal record certificate. These entries referred to foreign judgments recognized under Article 12 of the Penal Code. The central issue was whether such judgments, despite being recognized, could be considered non-executive for the purpose of the cancellation request.

Principles Developed by the Court

Recognized foreign judgment - Recidivism and criminal effects - Actuality - Exclusion - Mere possibility - Basis. The recognized foreign judgment under Article 12 of the Penal Code, for the purpose of establishing recidivism or another criminal effect, cannot be understood as a non-executive measure for the purpose of the cancellation request from the criminal record certificate, according to Article 5 of Presidential Decree No. 313 of November 14, 2002, on the assumption that it has not been considered in a specific national criminal proceeding, given that recognition presupposes the mere possibility of producing criminal effects and not their actuality. (See: No. 3715 of 1984, Rv. 167232-01).

The Court clarified that the recognition of a foreign judgment does not necessarily imply its actuality in the national criminal context. In fact, recognition presupposes a mere possibility of criminal effects, without the necessity for such effects to be current. This principle aligns with Article 5 of Presidential Decree No. 313 of November 14, 2002, which regulates the procedures for the cancellation of entries from the criminal record.

Practical Implications

The consequences of this judgment are manifold and concern both defendants and legal professionals. Key points to consider include:

  • The need to carefully evaluate foreign judgments in the context of cancellation requests.
  • The awareness that recognition does not exclude the possibility of criminal effects, even if not immediately current.
  • The reference to previous case law, which confirms the Court's position on the matter.

In summary, judgment No. 34607 of 2023 represents an important step forward in clarifying the rules regarding the recognition of foreign judgments and their effects within the Italian legal system. The Court of Cassation has provided clear indications that may influence future decisions regarding the criminal record.

Conclusions

This ruling highlights the importance of an integrated approach in dealing with foreign judgments and their criminal effects. Legal operators should pay particular attention to these regulatory and jurisprudential developments to ensure proper application of the laws and adequate protection of the rights of the individuals involved.

Bianucci Law Firm