Commentary on Judgment No. 16127 of 2024: The Importance of Contesting Aggravating Circumstances in Criminal Law

The recent judgment No. 16127 of March 15, 2024, filed on April 17, 2024, offers significant food for thought regarding the legitimacy of contesting aggravating circumstances in criminal proceedings. In particular, the Court annulled without referral the decision of the Court of Appeal of Genoa, drawing attention to Article 61, first paragraph, no. 11, of the Criminal Code, concerning the abuse of domestic relations. This article invites us to examine the requirements that must be met for an aggravating circumstance to be considered legitimately contested.

The Significance of the Judgment

The Court established that the aggravating circumstance referred to in Art. 61, first paragraph, no. 11, cannot be considered legitimately contested if the qualifying element of abuse is not explicitly stated in the indictment. This aspect is crucial for ensuring the defendant's right to defense, as an unclear accusation does not allow for a full understanding of the circumstances that would justify an increased penalty.

Aggravating circumstance under Art. 61, first paragraph, no. 11, of the Criminal Code - Contestation - Requirements - Factual situation. Regarding aggravating circumstances, the circumstance referred to in Art. 61, first paragraph, no. 11, of the Criminal Code, constituted by the abuse of domestic relations, cannot be considered legitimately contested in fact and found in the judgment if the qualifying element of abuse is not explicitly stated in the indictment, either directly or through the use of equivalent formulas. (Factual situation in which the Court held that the aforementioned aggravating circumstance was not factually contested, as the indictment only indicated the victim's status as a cohabitant).

Requirements for Contesting Aggravating Circumstances

The judgment in question clarifies some fundamental requirements for the legitimacy of contesting an aggravating circumstance:

• Clear statement of the qualifying element: The indictment must contain an explicit reference to abuse; otherwise, it is not possible to consider the aggravating circumstance as legitimately contested.
• Use of equivalent formulas: If specific terminology is not used, it is necessary to adopt formulas that can be equivalent to the qualifying element of abuse.
• Protection of the right to defense: It is essential to ensure that the defendant can adequately defend themselves against the charges, without ambiguity in the wording of the indictment.

Conclusions

In conclusion, judgment No. 16127 of 2024 represents a significant step forward in protecting the rights of defendants within the Italian criminal justice system. It underscores the importance of precise and clear contestation of aggravating circumstances to ensure a fair trial that respects the rights of defense. This decision not only clarifies the requirements for the legitimacy of contestations but also fits into a broader context of protecting fundamental rights within the legal system, reflecting principles also found in European regulations.