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Commentary on Judgment No. 33700 of 2023: Extinction of the Offense and Verification of the Tempus Commissi Delicti

Judgment No. 33700 of July 6, 2023, issued by the Court of Cassation, offers an important reflection on the principle of 'favor innocentiae' provided by Article 531, paragraph 2, of the Code of Criminal Procedure. In particular, the Court ruled on the case of a defendant, G. P.M. Seccia Domenico, regarding the issue of the extinction of the offense and the determination of the time of its commission.

The Context of the Judgment

The judicial proceedings in question led the Court to establish that 'favor innocentiae' cannot be invoked in the case of failure to ascertain the 'tempus commissi delicti'. This legal principle implies that, when there is uncertainty regarding the existence of a cause for the extinction of the offense, the judge must declare that there is no need to proceed. However, in the specific case, the absence of a clear determination of the time when the offense was committed excluded the applicability of such favor.

Pronouncement under Article 531, paragraph 2, of the Code of Criminal Procedure. Scope of Applicability - Identification - Failure to ascertain the time of commission of the offense - Exclusion. Regarding the declaration of extinction of the offense, the 'favor innocentiae' of Article 531, paragraph 2, of the Code of Criminal Procedure, under which the judge declares that there is no need to proceed when there is uncertainty about the existence of a cause for the extinction of the offense, does not apply in the case of failure to ascertain the 'tempus commissi delicti'.

The Importance of Temporal Verification

This jurisprudential decision highlights the importance of accurate temporal reconstruction within the criminal process. Legal practitioners must be aware that, to correctly invoke 'favor innocentiae', it is essential to have certain elements regarding the time when the offense was committed. In the absence of such elements, there is a risk of compromising the proper conduct of the trial and infringing upon the rights of the parties involved.

  • 'Favor innocentiae' must always be balanced with the need to ensure a fair and just trial.
  • Clarity in timing is crucial for identifying any potential causes for the extinction of the offense.
  • Any failure to ascertain can lead to significant consequences for the outcome of the trial.

Conclusions

In conclusion, Judgment No. 33700 of 2023 represents an important reminder for all legal practitioners to pay attention to the time of commission of the offense. The ascertainment of 'tempus commissi delicti' is not only a technical matter but a necessity to ensure the respect of the rights of defendants and to guarantee a fair trial. The judgment, therefore, invites reflection on the importance of accurate fact reconstruction so that justice can truly be administered.