Commentary on Judgment No. 17455 of 2024: Cartabia Reform and Ex Officio Prosecutability

Judgment No. 17455 of March 27, 2024, issued by the Court of Cassation, represents a significant evolution in the handling of offenses requiring a complaint, particularly in light of the recent amendments introduced by Legislative Decree No. 150 of 2022, known as the Cartabia Reform. This judgment offers significant insights into how the Italian judicial system is adapting to new regulations and their implications for public prosecutors and defendants.

The Regulatory Framework and Amendments Introduced by the Cartabia Reform

The Cartabia Reform has brought substantial changes to the Italian criminal system, particularly concerning offenses prosecuted upon a complaint, meaning those offenses that can only be prosecuted at the initiative of the victim. With the entry into force of these amendments, it has been established that the public prosecutor may amend the indictment, even after the deadline for filing a complaint has passed, if aggravating circumstances exist that render the offense prosecutable ex officio.

In this specific case, the Court examined a charge of electricity theft, emphasizing that the court had not allowed the public prosecutor to subsequently charge the aggravating circumstance provided for by Article 625, paragraph one, no. 7 of the Criminal Code. This led to the annulment of the acquittal decision, highlighting the importance of ensuring that the public prosecutor can fully exercise their functions, even after the complaint deadline has passed.

The Ruling's Principle and Practical Implications

Offense rendered prosecutable upon complaint due to the amendment introduced by Legislative Decree No. 150 of 2022 (so-called Cartabia Reform) - Expiration of the deadline for filing a complaint pursuant to Article 85 of the aforementioned Legislative Decree - Subsequent charging of an aggravating circumstance - Possibility - Existence - Consequently, ex officio prosecutability of the offense - Existence - Reasons - Factual scenario. In the context of offenses that have become prosecutable upon complaint due to the amendment introduced by Legislative Decree No. 150 of October 10, 2022, the public prosecutor is permitted, where the deadline for filing a complaint under Article 85 of the aforementioned Legislative Decree has expired, to amend the indictment by charging, at the hearing, an aggravating circumstance that renders the offense prosecutable ex officio. (Factual scenario relating to electricity theft, in which the Court annulled the acquittal decision on the grounds that the court had not allowed the public prosecutor to subsequently charge the aggravating circumstance under Article 625, paragraph one, no. 7, of the Criminal Code, already described in the indictment, which would have rendered the felony, concerning property functionally intended for public service, prosecutable ex officio).

• Possibility for the public prosecutor to amend the indictment.
• Recognition of ex officio prosecutability in the presence of aggravating circumstances.
• Impact of the Cartabia Reform on the management of offenses requiring a complaint.

This judgment, therefore, not only clarifies the rights and duties of the public prosecutor but also offers greater protection for victims of offenses, ensuring that even after the deadline for a complaint has passed, there are legal tools to prosecute serious crimes.

Conclusions

In conclusion, judgment No. 17455 of 2024 marks a significant step forward in protecting victims' rights and enhancing the effectiveness of the Italian criminal justice system. The Cartabia Reform, through legislative amendments like the one examined, aims to make criminal proceedings more efficient and just, while simultaneously ensuring the possibility of prosecuting offenses even when a complaint has not been filed within the prescribed deadlines. It is crucial for legal professionals to stay updated on these developments to ensure the correct application of the law.