Commentary on Judgment No. 39155 of 2024: Repeal and Succession of Criminal Laws
Judgment No. 39155 of September 24, 2024, issued by the Court of Cassation, addresses a highly relevant issue in the Italian legal landscape: the distinction between the repeal of a crime and the succession of criminal laws. This matter, often debated among jurists and legal practitioners, is clarified through the decision examined in this article.
Regulatory Context
The case concerns Article 7 of Decree-Law of January 28, 2019, No. 4, converted into Law of March 28, 2019, No. 26, which introduced a new offense. Recently, Article 1, paragraph 318, of Law No. 197 of 2022 provided for the repeal of this provision effective January 1, 2024. However, the Court has ruled that this repeal does not automatically entail the abolition of the offense in question, as provided for by Article 673 of the Code of Criminal Procedure.
The Distinction Between Repeal and Succession of Criminal Laws
Offense under Article 7 of Decree-Law No. 4 of 2019, converted, with amendments, into Law No. 26 of 2019 - Repeal by Article 1, paragraph 318, of Law No. 197 of 2022, effective January 1, 2024 - Revocation of judgment for "abolitio criminis" under Article 673 of the Code of Criminal Procedure - Exclusion - Reasons. In matters of execution, a conviction for the offense under Article 7 of Decree-Law of January 28, 2019, No. 4, converted, with amendments, by Law of March 28, 2019, No. 26, must not be revoked pursuant to Article 673 of the Code of Criminal Procedure, given that the formal repeal of the aforementioned criminal provision, enacted by Article 1, paragraph 318, of Law of December 29, 2022, No. 197, effective January 1, 2024, does not constitute a case of "abolitio criminis," as referred to in Article 2, paragraph two, of the Criminal Code, but rather gives rise to a phenomenon of succession of criminal laws over time, falling under the provisions of Article 2, paragraph three, of the Criminal Code, considering the corresponding incrimination introduced by Article 8 of Decree-Law of May 4, 2023, No. 48, converted, with amendments, by Law of July 3, 2023, No. 85, which is entirely overlapping and refers to the inclusion income in substitution of the citizenship income.
This summary highlights that the repeal of the provision does not lead to the automatic revocation of convictions already issued. In fact, the Court has clarified that the situation constitutes a succession of criminal laws, as established by Article 2, paragraph three, of the Criminal Code. Therefore, the new provision introduced by Decree-Law of May 4, 2023, No. 48, is considered to overlap with the previous one, thus ensuring the continuity of the sanctioning system.
Practical Implications of the Judgment
The practical consequences of this judgment are significant for legal professionals and citizens:
- Clarification on the non-revocability of conviction judgments in case of regulatory repeal.
- Importance of the succession of criminal laws for the stability of the legal system.
- Strengthening of legal certainty for already convicted individuals.
In summary, Judgment No. 39155 of 2024 represents a significant step forward in understanding criminal law and its dynamics, affirming the need to maintain the continuity of criminal law even when laws are amended.
Conclusions
The Court of Cassation, with this decision, not only clarifies the issue of repeal and succession of criminal laws but also provides a solid legal foundation for the stability of the Italian criminal system. This sends a clear message to all legal operators: laws may change, but legal certainty and respect for convictions cannot be called into question.
