Commentary on Judgment No. 26294 of 2024: Statute of Limitations and the Orlando Reform

Judgment No. 26294 of June 12, 2024, filed on July 4, 2024, represents an important reference point in Italian jurisprudence concerning the statute of limitations for crimes. In particular, this decision by the Court of Cassation focuses on the application of Law No. 103 of 2017, known as the Orlando reform, for crimes committed in a specific period, namely between August 3, 2017, and December 31, 2019. The Court clarified that the provisions of the aforementioned law are to be considered applicable, introducing a more favorable regime compared to subsequent reforms.

The Regulatory Context

The Orlando reform introduced significant changes in the field of the statute of limitations, establishing that its running can be suspended under certain circumstances. This judgment, therefore, refers to an evolving regulatory context, where the provisions of Law of June 23, 2017, No. 103, appear more favorable than subsequent reforms, particularly those introduced by Law No. 3 of 2019 and Law No. 134 of 2021.

Crimes committed between August 3, 2017, and December 31, 2019 - Provisions of Law No. 103 of 2017 - Applicability - Reasons. Regarding the statute of limitations, the provisions of Law of June 23, 2017, No. 103 (so-called Orlando reform) apply to crimes committed between August 3, 2017, and December 31, 2019, including those concerning suspension periods pursuant to Article 159, second paragraph, of the Criminal Code, as amended by Article 11, letter b), of the aforementioned law. (In its reasoning, the Court specified that the indicated regime is more favorable, both compared to that provided by Article 1, paragraph 1, letter e), number 1, of Law of January 9, 2019, No. 3 (so-called Bonafede reform), which, effective from January 1, 2020, reformulated Article 159, second paragraph, of the Criminal Code, providing for the suspension of the statute of limitations from the pronouncement of the first-instance judgment or the criminal decree of conviction until the judgment becomes final or the decree becomes irrevocable, and compared to that outlined by Article 2 of Law of September 27, 2021, No. 134, which repealed Article 159, second paragraph, cited, and introduced Article 161-bis of the Criminal Code, according to which the running of the statute of limitations ceases with the first-instance judgment, as well as Article 344-bis of the Code of Criminal Procedure, according to which, for crimes committed from January 1, 2020, the failure to define the appeal and cassation proceedings within the indicated deadlines constitutes a cause for the inadmissibility of criminal action).

Implications of the Judgment

This decision by the Court of Cassation has profound implications for defendants in crimes committed during the indicated period. Legal practice faces a significant change, as the judgment emphasizes the need to consider the most favorable legislation for the rights of the accused. In particular, the Court highlighted how the Orlando reform offers greater guarantees compared to subsequent legislative amendments, which could be more restrictive.

• Recognition of the more favorable provisions of the Orlando reform.
• Impact on the management of ongoing criminal proceedings.
• Possible repercussions on the defense strategy of lawyers.

Conclusions

In conclusion, judgment No. 26294 of 2024 represents an important piece in the complex mosaic of statute of limitations regulations in Italy. The Court of Cassation, by confirming the applicability of the Orlando reform to crimes committed between August 3, 2017, and December 31, 2019, has provided an interpretation that protects the rights of the accused, making evident the importance of adequate and informed defense. Lawyers and criminal law professionals must take these indications into account to ensure the correct application of the law and effective defense of their clients.