Analysis of Judgment No. 51735 of 2023: The Assessment of Damage in Continuing Offenses

The recent judgment of the Court of Cassation No. 51735 of October 31, 2023, offers important clarifications on the assessment of pecuniary damage in cases of continuing offenses. In particular, the core of the issue concerns the application of the aggravating circumstance referred to in Article 61, No. 7, of the Criminal Code, which provides for an increased penalty due to the severity of the damage caused. This article aims to analyze the implications of this judgment, making its content and consequences for Italian jurisprudence understandable.

Context of the Judgment

The Court was called upon to decide a crucial question: how should damage of significant severity be assessed in cases of continuing offenses? The judgment clarifies that, for the purpose of applying the aggravating circumstance, the assessment must not be made considering the overall damage caused by the multiple violations, but rather the pecuniary damage resulting from each individual offense. This principle represents an important step forward in defining assessment criteria in criminal matters.

The Ruling's Principle

GRAVITY - Continuing Offense - Extent of Damage - Assessment Referred to Individual Offenses - Reasons. For the application of the aggravating circumstance under Article 61, No. 7, of the Criminal Code to a continuing offense, the assessment of damage of significant severity must be made not with regard to the overall damage caused by the multiple violations unified by the link, but to the pecuniary damage caused by each individual offense.

This ruling, in addition to providing a clear methodological indication, highlights the importance of a detailed assessment of individual unlawful acts. The Court has indeed emphasized how an aggregated approach can lead to distortions in the quantification of the penalty, undermining the principle of proportionality and individuality of criminal liability.

Legal Implications

The consequences of judgment No. 51735 of 2023 are manifold:

• Clarity in damage assessment criteria, avoiding different and potentially unfair interpretations.
• Greater protection for victims, as each damage will be considered individually, ensuring an adequate criminal response.
• A potential change in legal practice, with judges now having to pay attention to each individual offense within proceedings for continuing offenses.

Furthermore, the judgment is part of a broader framework in which jurisprudence tends to ensure greater fairness in the punishment of offenses, also conforming to the principles established by the Constitutional Court and European regulations on human rights and justice.

Conclusions

In conclusion, judgment No. 51735 represents a significant step forward in Italian jurisprudence, establishing a clear and unambiguous principle regarding the assessment of pecuniary damage in the context of continuing offenses. This approach, which favors the individual assessment of damages, is destined to profoundly influence future legal decisions in this area, contributing to greater fairness and justice for crime victims. It is essential that legal professionals carefully consider these guidelines to ensure a more equitable justice that respects the rights of all individuals involved.