Analysis of Judgment No. 14890/2024: Cartabia Reform and Ex Officio Prosecutability

The recent judgment No. 14890 of March 14, 2024, filed on April 10, 2024, has raised important issues regarding the prosecutability of offenses that have become subject to a complaint, particularly in light of the amendments introduced by Legislative Decree No. 150 of 2022, known as the Cartabia Reform. This ruling by the Court of Cassation, presided over by Dr. M. Vessichelli, annuls with referral a decision by the Court of Catanzaro concerning a case of electricity theft.

Context of the Judgment

Within the framework of the Cartabia Reform, certain criminal offenses have become prosecutable upon a complaint. However, the Court has clarified that, even if the deadline for filing a complaint has passed, the public prosecutor has the option to amend the indictment by alleging an aggravating circumstance that makes the offense prosecutable ex officio. This aspect is crucial for ensuring the effectiveness of criminal proceedings, even when the time limits for filing a complaint have expired.

Headnote of the Judgment

Offense that has become prosecutable upon a 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 art. 85 of the aforementioned Legislative Decree - Supplementary indictment 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 a complaint due to the amendment introduced by Legislative Decree of October 10, 2022, No. 150, the public prosecutor is permitted, where the deadline for filing a complaint under art. 85 of the aforementioned Legislative Decree has expired, to amend the indictment by alleging, 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 of the Tribunal, which had deemed the supplementary indictment of the aggravating circumstance under art. 625, paragraph one, no. 7, of the Criminal Code to be untimely).

Practical Implications of the Judgment

This ruling highlights several significant practical implications:

• The public prosecutor now has the ability to intervene in cases where a complaint has not been filed within the prescribed deadlines.
• The alleged aggravating circumstance can transform an offense from being prosecutable upon a complaint to being prosecutable ex officio, thereby expanding the possibilities for criminal intervention.
• This provision aims to ensure greater protection for victims of offenses, even when they are not ready or are unable to file a complaint.

Conclusions

Judgment No. 14890 of 2024 represents a significant step forward in the protection of crime victims, emphasizing the active role of the public prosecutor and the importance of alleging aggravating circumstances even after the deadlines for filing a complaint have passed. This new approach, which is part of the Cartabia Reform, indicates a legislative intent to simplify and make criminal proceedings more efficient, aiming for more accessible and responsive justice.