Complaint without Sacramental Formulas: Cassation Court Ruling No. 10462 of 2025

In the Italian legal landscape, a complaint (querela) is a fundamental tool for the protection of victims of crimes that are prosecutable only upon the victim's request. However, its nature and the ways in which the punitive will must be expressed have often been the subject of debate and divergent interpretations. The recent ruling of the Court of Cassation, No. 10462 of January 21, 2025 (filed on March 17, 2025), intervenes to clarify this matter. With an illuminating approach, it reiterates a principle of great importance for the prosecutability of criminal action: the will to file a complaint does not require sacramental formulas and can be inferred even from a simple report (denuncia) accompanied by documentation useful for identifying the perpetrator of the crime. This decision, presided over by Dr. C. F. M. and drafted by Dr. P. V., offers an interpretation that strengthens the principle of "favor querelae," to the benefit of the victim and justice.

The Principle of "Favor Querelae" and its Application

The principle of "favor querelae" is an interpretative pillar that requires, in doubtful cases, favoring the interpretation that leads to the existence of a complaint, in order to ensure the protection of the person offended by the crime. Ruling No. 10462/2025 fits perfectly within this framework, overcoming excessive formalism that, in the past, has sometimes hindered the exercise of the right to complain. The Court emphasizes that the punitive request should not be confined to rigid schemes or predefined formulas but should be evaluated in its substance, through a comprehensive analysis of the actions taken by the offended party.

In matters of conditions for prosecutability, the will to file a complaint is legitimately inferable from the submission of a report to law enforcement agencies, accompanied by the attachment, for the purposes of the investigations to be carried out, of documentation, photographs, and video recordings useful for identifying the perpetrator of the criminal action, as the punitive request does not require the use of sacramental formulas and interpretation, in doubtful cases, must conform to the principle of "favor querelae."

This maxim is of crucial importance. The Cassation Court, in fact, establishes that it is not necessary for the victim to use explicit phrases such as "I intend to file a complaint" or "I request that criminal proceedings be initiated." It is sufficient that their punitive intention clearly emerges from the context of the report submitted to law enforcement. The attachment of evidence, such as documentation, photographs, or video recordings, far from being a mere corollary, becomes a significant indicator of the victim's willingness to initiate criminal proceedings. These elements, in fact, are not only useful for investigations but demonstrate the offended party's active interest in having the perpetrator of the crime identified and prosecuted, thereby constituting a manifestation of the will to complain.

When a Report Becomes a Complaint: Requirements and Practical Implications

The ruling in question, by annulling with referral the decision of the Court of Appeal of Florence of February 26, 2024, reaffirms a jurisprudential orientation that favors substance over form. A complaint (querela), pursuant to Articles 336 and 337 of the Code of Criminal Procedure and Articles 120 and 123 of the Criminal Code, is an essential condition for the prosecutability of many crimes. Its validity cannot depend on the common citizen's perfect knowledge of legal formulas but on their real intention to obtain justice.

The practical implications of this ruling are significant and can be summarized in a few key points:

• **Simplification for the Victim:** The offended party will no longer have to worry about using specific formulas but can rely on the clarity of their narrative and the provided evidence.
• **Valorization of Circumstantial Evidence:** Documents, photos, and videos are not just means of proof but become expressions of the will to prosecute the crime.
• **Combating Excessive Formalism:** Jurisprudence is increasingly aligning with a substantive approach, preventing formal defects from precluding the administration of justice.
• **Guidance for Law Enforcement:** Judicial police officers are also called upon to interpret reports with greater flexibility, seeking the punitive intent beyond mere literal expressions.

It is interesting to note that the Cassation Court cites references to consistent precedents (e.g., No. 5193 of 2020) and divergent precedents (e.g., No. 9968 of 2022), highlighting a jurisprudential debate that this ruling aims to consolidate in favor of effective protection.

Conclusions: Victim Protection and Simplification of Prosecutability

Ruling No. 10462/2025 of the Court of Cassation represents a significant step towards more accessible and less bureaucratic justice. By reiterating that the will to file a complaint can also be inferred from a report accompanied by elements useful for identifying the offender, the Court strengthens the principle of "favor querelae," focusing on the victim's actual intention rather than mere adherence to predefined formulas. This approach not only simplifies the process for those who suffer a crime but also ensures that criminal action can proceed even in the absence of explicit declarations, provided that the punitive intent is clearly deducible from the acts. For citizens, this means greater confidence in the possibility of obtaining justice, knowing that the essence of their request will be understood and valued. However, it is essential to continue seeking legal professionals to ensure that each act is correctly formulated and supported, maximizing the chances of success at every stage of the proceedings.