Analysis of Judgment No. 14705 of 2024 on Supervening Extinction of the Offence

Judgment No. 14705 of February 9, 2024, represents an important benchmark in the Italian legal landscape, particularly concerning public prosecutor's appeals against acquittal judgments. With this ruling, the Court of Cassation clarifies the necessary conditions for declaring the supervening extinction of an offence, emphasizing the importance of the judge's reasoning.

The Legal Context of the Judgment

The Court, presided over by E. DI SALVO and with M. CIRESE as rapporteur, dealt with a case where the public prosecutor had appealed against an acquittal judgment issued by the Court of Appeal of Catania. In this context, the Court of Cassation highlighted that the judge, when assessing the appeal, can declare the extinction of the offence only if they deem the appeal to be well-founded and provide adequate reasoning for such a decision.

Acquittal judgment with full formula - Supervening extinction cause of the offence - Declaration of not proceeding - Possibility - Conditions - Factual circumstances. In matters of appeals, the judge, faced with the public prosecutor's appeal against an acquittal judgment, can declare the supervening extinction of the offence only if they deem the appeal to be well-founded and provide adequate reasoning in this regard. (Factual circumstances in which the Court annulled, with referral to the civil judge, the decision that, reforming the first-instance acquittal judgment without providing reasoning on the merits of the public prosecutor's appeal, had declared the extinction of the offence due to prescription and ordered the defendant to pay damages to the civil parties).

Conditions for the Extinction of the Offence

The judgment specifies that the declaration of extinction of the offence cannot be an automatic act but must be the result of an in-depth analysis by the judge. The fundamental conditions for such a declaration include:

• The well-foundedness of the public prosecutor's appeal, which must be adequately reasoned.
• The necessity of providing clear and detailed reasoning regarding the grounds for the decision.
• Compliance with the procedural and substantive rules provided by the Criminal Code and the Code of Criminal Procedure.

Conclusions

Judgment No. 14705 of 2024 by the Court of Cassation represents a significant step in Italian jurisprudence concerning criminal law. It underscores the importance of reasoning in the appeal process and clarifies the necessary conditions for a judge to declare the extinction of an offence. This principle not only protects the rights of defendants but also strengthens the credibility of the legal system, ensuring that decisions are always supported by rigorous and justified analysis.