Commentary on Judgment No. 44502 of 2024: New Registrations for Continuing Offenses

Judgment No. 44502 of November 15, 2024, issued by the Court of Cassation, offers important clarifications on the management of preliminary investigations concerning continuing offenses. In particular, the Court has established that, should new elements emerge attesting to the continuation of the criminal conduct after the expiry of the term provided for by Article 405 of the Code of Criminal Procedure, the public prosecutor is entitled to make a new registration against the same suspect.

The Regulatory Context

The issue addressed by the judgment falls within the scope of preliminary investigations and their closure. Article 405 of the Code of Criminal Procedure establishes a deadline for the conclusion of investigations; however, in the case of continuing offenses, the illicit conduct can extend over time. This raises questions about the possibility of taking action in the event of new evidence. The Court, confirming the legitimacy of a new registration, clarifies that there are no limits to the usability of elements that emerged before such registration.

Impact of the Judgment

This judgment has several practical implications:

• Recognition of the continuing nature of certain offenses, allowing for greater flexibility in managing investigations.
• The possibility for the public prosecutor to reopen cases that seemed closed, thus ensuring greater justice for victims.
• Strengthening of the principle of legality and the need for an adequate criminal response to illicit conduct prolonged over time.

Continuing offense - Expiry of the term under Article 405 of the Code of Criminal Procedure - Continuation of conduct - New registration against the same suspect - Legitimacy - Consequences. If, during preliminary investigations concerning a continuing offense, new elements emerge attesting to the continuation of the conduct after the expiry of the term provided for by Article 405 of the Code of Criminal Procedure, the public prosecutor may legitimately proceed with a new registration against the same suspect, without any limitation on the usability of the elements that emerged before such registration in relation to the segment of the continuing offense to which they refer.

Conclusions

In conclusion, judgment No. 44502 of 2024 represents a significant step in Italian jurisprudence concerning continuing offenses. The possibility of new registrations by the public prosecutor, in the presence of new elements, not only ensures a more flexible and just approach to prolonged offenses but also offers greater protection to victims. It is essential for legal professionals to consider these indications to ensure the correct application of the law.