Judgment No. 27147 of 2023: Equivalence Between Civil Party Constitution and Complaint

The recent judgment No. 27147 of May 9, 2023, issued by the Court of Cassation, offers an important clarification on the issue of prosecutability of offenses, particularly concerning offenses originally prosecuted ex officio that have become prosecutable upon complaint following the entry into force of the Cartabia reform. In this article, we will analyze the salient points of the judgment and its legal implications.

The Regulatory Context of the Cartabia Reform

The Cartabia reform, implemented by Legislative Decree No. 150 of October 10, 2022, introduced significant changes to the Italian Code of Criminal Procedure. Among the most relevant innovations is the modification of the prosecutability of certain offenses, which have been transformed from originally ex officio prosecutable offenses to offenses prosecutable upon complaint. This transformation has raised questions regarding the necessity of an explicit complaint by the victim to initiate criminal proceedings.

The Principle of Equivalence Between Civil Party Constitution and Complaint

Offenses originally prosecutable ex officio, which have become prosecutable upon complaint due to the entry into force of the so-called "Cartabia" reform - Unrevoked constitution of a civil party - Equivalence to a complaint - Existence - Reasons. The unrevoked constitution of a civil party is equivalent to a complaint for the purpose of prosecuting offenses originally prosecutable ex officio, which have become prosecutable upon complaint following the entry into force of Legislative Decree October 10, 2022, No. 150 (so-called "Cartabia" reform), given that the punitive will of the victim, not requiring specific formulas, can also be legitimately inferred from acts that do not contain its explicit manifestation.

The Court has established that the unrevoked constitution of a civil party must be considered equivalent to a complaint. This means that the victim's intention to criminally prosecute the perpetrator of the offense can be inferred even from acts that do not contain an explicit manifestation, but which nevertheless express a desire for justice. This interpretation broadens access to justice for victims of offenses, preventing a lack of formality from prejudicing criminal action.

Practical Implications of the Judgment

• Greater accessibility to justice for victims of offenses.
• Less formal rigidity in filing complaints.
• Possibility of interpreting punitive will even in the absence of an explicit complaint.

The implications of this judgment are significant. Firstly, it promotes greater accessibility to justice for victims, who can feel more protected in their right to see the offense they suffered prosecuted. Furthermore, it reduces formal rigidity in filing complaints, allowing for greater flexibility in interpreting the victim's will.

Conclusions

In summary, judgment No. 27147 of 2023 represents a step forward in protecting the rights of victims of offenses. The Court of Cassation, with its decision, has clarified that the victim's punitive will can manifest in various forms and is not necessarily bound by specific formulas. This approach not only facilitates access to justice but also reflects an important evolution of the Italian criminal system towards greater protection of individual rights.