Analysis of Judgment No. 14700 of 2023: Cartabia Reform and Prosecutability of Offenses Requiring a Complaint

Judgment No. 14700 of December 7, 2023, issued by the Court of Cassation, offers an important opportunity for reflection on the Cartabia reform, particularly on the changed rules concerning offenses requiring a complaint. The subject of the decision concerns the possibility for the public prosecutor to amend the indictment, even after the deadline for filing a complaint has passed, by alleging aggravating circumstances that make the offense prosecutable ex officio.

Regulatory Context and the Cartabia Reform

The Cartabia reform, implemented by Legislative Decree No. 150 of 2022, introduced significant changes to the prosecution regime for certain offenses. Pursuant to Article 2 of this decree, many offenses have become prosecutable solely upon a complaint by the offended party. However, the analyzed judgment clarifies that, even if the deadlines for filing a complaint have expired, the public prosecutor has the option to amend the indictment by alleging an aggravating circumstance.

Offense made prosecutable upon complaint due to the amendment introduced by Legislative Decree No. 150 of 2022 (Cartabia Reform) - Expiration of the deadline to file a complaint pursuant to Art. 85 of the aforementioned Legislative Decree - Supplementary allegation of an aggravating circumstance - Possibility - Existence - Consequent ex officio prosecutability of the offense - Existence - Reasons - Factual scenario. In the context of offenses that have become prosecutable upon complaint due to the amendments introduced by Art. 2 of Legislative Decree No. 150 of October 10, 2022, it is permissible for the public prosecutor, where the deadline for filing a complaint under Art. 85 of the aforementioned Legislative Decree has expired, to amend the indictment by alleging, during the hearing, an aggravating circumstance that renders the offense prosecutable ex officio. (Factual scenario relating to the theft of electricity, in which the Court annulled the acquittal decision on the grounds that the court had not allowed the public prosecutor to supplementally allege the aggravating circumstance referred to in Art. 625, paragraph one, no. 7, of the Criminal Code, which would have made the felony, concerning property functionally intended for public service, prosecutable ex officio, failing to assess the evidentiary developments likely to support the legitimacy of such supplementary allegation).

Implications of the Judgment

The Court's decision has significant repercussions on the management of criminal proceedings. In particular, it highlights how the Court annulled a previous acquittal decision, emphasizing that the court had not accepted the public prosecutor's request to allege an aggravating circumstance. This underscores the need for careful evaluation of evidentiary developments, which can significantly influence the course of the trial.

• Recognition of the possibility of supplementary allegations
• Importance of the deadline for filing a complaint
• Possibility of ex officio prosecution in the presence of aggravating circumstances

Conclusion

Judgment No. 14700 of 2023 represents an important step in clarifying the rules regarding the prosecutability of offenses requiring a complaint, highlighting how the changes introduced by the Cartabia reform can interact with the powers of the public prosecutor. This decision not only clarifies the boundaries of prosecutability but also invites reflection on the need for careful and rigorous application of the rules, so that justice can be guaranteed fairly and promptly.