Analysis of Judgment No. 37849 of 2024 on Social Dangerousness and Prevention Measures

Judgment No. 37849 of May 30, 2024, issued by the Court of Appeal of Turin, represents an important ruling on social dangerousness and prevention measures. In this context, it is crucial to understand how a judge can assess not only final convictions but also elements emerging from pending criminal proceedings. This approach, while controversial, has been reiterated and clarified by the Court to ensure public safety.

The Assessment of Dangerousness and Prevention Measures

According to the principle expressed in the judgment, the judge has the discretion to consider not only facts established by a conviction judgment but also those emerging from non-final criminal proceedings. Specifically, the Court stated:

Assessment of dangerousness - Elements emerging from pending criminal proceedings - Relevance - Conditions - Indication - Factual scenario. In matters of prevention measures, the judge, for the purpose of assessing dangerousness, may evaluate not only factual elements established by a conviction judgment but also those emerging from pending criminal proceedings for crimes significant for this purpose, within which judgments have been made that do not exclude the responsibility of the proposed individual. (In application of the principle, the Court found the decision of the appellate judge to confirm the measure of special surveillance and confiscation, adopted based on the existence, against the appellant, of multiple investigations and numerous non-final criminal proceedings for profit-generating crimes, despite a final acquittal for similar acts, to be free from defects). (Cf.: No. 3010 of 1993, Rv. 195671–01).

This ruling prompts reflection on the need for a comprehensive assessment of social dangerousness, which cannot be limited to past events but must also consider the individual's current situation, including any ongoing criminal proceedings.

Significance of the Judgment in the Current Legal Context

The judgment in question is part of a broader legal framework where the legislator and jurisprudence place a strong emphasis on public safety. In particular, Legislative Decree No. 159 of September 6, 2011, establishes prevention measures and their related conditions, aiming to combat organized crime and particularly serious offenses.

• Relevance of pending criminal proceedings in the assessment of social dangerousness.
• Possibility of applying prevention measures even in the absence of final convictions.
• Importance of a comprehensive assessment of the individual's conduct.

It is essential that judges, in their work, consider not only the established criminal history but also all indications and evidence that may emerge from ongoing investigations, thereby ensuring a balance between individual rights and the protection of the community.

Conclusions

In conclusion, Judgment No. 37849 of 2024 by the Court of Appeal of Turin offers a fundamental key to understanding how the Italian judicial system addresses the issue of social dangerousness. The possibility of considering non-final investigations in the assessment of dangerousness represents an important evolution in the field of prevention measures. It is a call for constant vigilance and an approach that does not overlook warning signs arising from ongoing criminal proceedings, thus ensuring greater safety for society.