Judgment no. 740 of 2025: The Extra-Criminal Effects of Plea Bargaining in Disciplinary Sanctions

Judgment no. 740 of January 12, 2025, represents an important reference point for understanding the interactions between criminal law and disciplinary sanctions in the employment context. In particular, the Court of Cassation addressed the issue of the extra-criminal effects of a plea bargain judgment, clarifying the relevance of the "tempus regit actum" principle. This judgment offers useful insights for legal professionals and workers, as it outlines fundamental criteria for evaluating disciplinary sanctions.

Context of the Judgment

The central issue of the judgment concerns the application of disciplinary sanctions in relation to a criminal judgment. The Court established that the effects of a plea bargain judgment must be assessed based on the regulations in force at the time the disciplinary sanction was imposed. This means that any subsequent legislative changes cannot be applied retroactively, in line with the "tempus regit actum" principle.

The Ruling's Headnote

Disciplinary sanctions - Criminal judgment - Extra-criminal effects of a plea bargain judgment - "Tempus regit actum" principle - Application - Consequences - Case law. In matters of disciplinary sanctions, the extra-criminal effects of a judgment, as outlined by Article 445, paragraph 1-bis, of the Code of Criminal Procedure (c.p.p.), are governed by the law in force at the time the disciplinary sanction was imposed by the employer, in application of the "tempus regit actum" principle, thus legislative amendments are non-retroactive. (In this case, the Supreme Court affirmed - regarding the consequences of a plea bargain judgment - that in assessing disciplinary charges, the trial judge cannot disregard the constraint arising from the combined provisions of Article 445, paragraph 1-bis, of the c.p.p. and Article 653 of the c.p.p., as they were in force at the time the sanction was imposed).

This headnote highlights that, in matters of disciplinary sanctions, the effects of a criminal judgment cannot be considered without taking into account the regulations in force at the time the sanction was imposed. This implies protection for workers, who cannot be penalized by rules that were not in effect at the time of their conduct.

Implications and Conclusions

The implications of this judgment are significant. It underscores the importance of a correct interpretation of the rules on disciplinary sanctions, especially in contexts where there is an interaction with criminal proceedings. Companies and employers must pay attention to this aspect, ensuring that sanctions are proportionate to the laws in force at the time of their imposition.

In summary, judgment no. 740 of 2025 represents an important clarification in labor law and criminal law, confirming the need for a rigorous and law-abiding approach to ensure justice and fairness in labor relations.