Analysis of Judgment No. 27559 of 2023: Wilful Failure to Execute Judicial Orders

Judgment No. 27559 of April 14, 2023, filed on June 26, 2023, offers important insights into the configurability of the crime of wilful failure to execute a judicial order. In particular, the decision of the Court of Cassation focuses on the prerequisites necessary for a subject to be held criminally liable for this offense.

Prerequisites for the Crime of Wilful Failure to Execute

The Court, presided over by G. Sabeone and reported by F. Cananzi, highlighted that for the crime under Article 388, paragraph 2, of the Criminal Code to be established, it is essential that the perpetrator had full and precise knowledge of the judicial order to be evaded. This knowledge must stem not only from a formal notification but also from other forms of communication that may be sufficient.

In particular, the judgment clarifies that:

• A formal notification of the order is required;
• In the absence of such notification, the crime can still be established through a request for compliance, even if informal;
• The request must be precise and rigorously proven, not limited to assumptions or vagueness.

Prerequisites for the crime - Notification of the order to be executed - Necessity - Exclusion - Request for compliance, even if informal - Sufficiency - Conditions. For the crime of wilful failure to execute a judicial order to be established, it is necessary to ascertain that the perpetrator had full and precise knowledge of the evaded order, following its formal notification or even as a result of an informal request for compliance or a formal notice to perform, provided that the demand is precise and unambiguous, rigorously proven, and not merely supposed.

Implications of the Judgment

This ruling underscores the importance of clarity and precision in the communication of judicial orders. The possibility of establishing criminal liability in the absence of formal notification, but through informal communications, represents a significant step in criminal law, as it expands the possibilities for the prosecution to demonstrate the perpetrator's knowledge of the order.

Furthermore, the judgment highlights the need for rigorous and documented proof of communications made, to avoid subjective interpretations that could compromise legal certainty.

Conclusions

Judgment No. 27559 of 2023 offers a clear and detailed view on the requirements for the configurability of the crime of wilful failure to execute a judicial order. It sheds light on the necessity of correct and timely information regarding judicial orders, emphasizing how jurisprudence continues to evolve in its attempt to ensure the effectiveness of justice. It is crucial for all actors involved in the legal process to understand the importance of formal and informal notifications and communications to avoid unintended criminal consequences.