Commentary on Judgment No. 28203 of 2023: Relevance of Conviction for Abolished Offence

The recent judgment No. 28203 of March 30, 2023, issued by the Court of Cassation, has generated considerable interest in the field of criminal law, particularly regarding the issue of recidivism and the relevance of convictions for offences subsequently abolished. In this article, we will analyze the significance of this judgment, its implications, and the legal context in which it is situated.

Context of the Judgment

The Court, presided over by G. Santalucia and reported by A. V. Lanna, partially annulled without referral a decision of the Court of Appeal of Florence, establishing a fundamental principle:

“Predicate offence subsequently abolished - Relevance of conviction for the recognition of recidivism - Exclusion - Reasons. In matters of recidivism, a conviction for a typified offence that has been subject to 'abolitio criminis' is not relevant, as the abrogation of the offence, as well as decriminalization, leads to the elimination of all criminal effects connected to the said conviction.”

Implications of the Judgment

This maxim highlights a principle of great importance in criminal law: a conviction for an offence that has been subsequently abolished cannot be used as a prior criminal record for the recognition of recidivism. This means that, at the moment an offence is decriminalized or abolished, the criminal effects arising from prior convictions for that offence are automatically nullified.

• Legal clarity: The judgment provides a clear interpretation of criminal law provisions, particularly Article 2 of the Criminal Code, which establishes the principle of non-retroactivity of unfavorable criminal law.
• Protection of rights: This approach protects the rights of individuals already convicted, preventing a conviction for an offence that no longer exists from negatively impacting their future lives.
• Consistency with jurisprudence: The decision aligns with previous case law, contributing to the establishment of a uniform orientation in the matter.

Conclusions

Judgment No. 28203 of 2023 represents a step forward in the protection of convicted individuals' rights and in the clarity of the Italian legal system. It reaffirms a fundamental principle: the law must ensure that past convictions do not unfairly influence an individual's life, especially when such convictions concern offences that no longer exist. It is essential that criminal law continues to evolve to reflect social changes and the demands of justice, for an increasingly fair and just legal system.