Judgment No. 14710 of 2024: Nullity of Ruling for Violation of the Adversarial Principle

Judgment No. 14710 of March 27, 2024, filed on April 10, 2024, represents a significant step forward in understanding the prosecutability of offenses in light of recent legislative amendments. In particular, the Court has established that a judgment of acquittal issued due to the lack of a condition for the prosecutability of the offense is null and void if the judge did not allow for adequate adversarial proceedings regarding changes to the indictment.

Regulatory Context

The judgment falls within the scope of Legislative Decree No. 150 of 2022, which introduced relevant amendments concerning the prosecutability of offenses. Specifically, the new regulatory framework provides that even amendments to the indictment, if capable of making the offense prosecutable ex officio, must be considered by the judge. This aspect is crucial, as the possibility of challenging an aggravating circumstance cannot be ignored, especially when the judge has already made a decision on the issue of prosecutability.

The Principle of Adversarial Proceedings

The Court emphasized that the violation of the principle of adversarial proceedings is one of the main reasons leading to the nullity of a ruling. In fact, in the specific case, the judge limited the parties' discussion exclusively to the issue of prosecutability, neglecting to consider the supplementary charge of the aggravating circumstance raised by the public prosecutor. This approach led to a decision that was absolutely null and void.

PROSECUTABILITY - Subsequent prosecutability of an offense based on a complaint following Legislative Decree No. 150 of 2022 - Supplementary charge of an aggravating circumstance making the offense prosecutable ex officio - Issuance of a judgment pursuant to Article 129 of the Code of Criminal Procedure for lack of a complaint - Conclusions of the parties solely on prosecutability - Consequences - Nullity of the ruling - Reasons. A judgment of acquittal pursuant to Article 129 of the Code of Criminal Procedure for lack of the prescribed condition for the prosecutability of the offense, in light of Legislative Decree No. 150 of October 10, 2022, is absolutely and generally null and void, for violation of the principle of adversarial proceedings, if the judge allowed the parties' discussion only on the issue of prosecutability, deeming the amendment to the indictment by the public prosecutor, through the charge of an aggravating circumstance capable, in abstract, of making the offense prosecutable ex officio, to be irrelevant due to being untimely.

Conclusion

Judgment No. 14710 of 2024 reiterates the importance of respecting the principle of adversarial proceedings and the need to consider legislative changes that occur during the trial. The judge's decisions must reflect the complexity and dynamism of criminal proceedings to ensure a fair right of defense and the correct application of the law. In an ever-evolving regulatory context, it is essential that all parties involved in criminal proceedings are adequately informed and represented.