Anticipated Interrogation in Precautionary Measures: Judgment No. 11921/2025 of the Criminal Court of Cassation
In the dynamic landscape of criminal procedural law, the introduction of new rules and their temporal application often represent a complex terrain fraught with questions. A recent ruling by the Court of Cassation, judgment no. 11921 of 23/01/2025 (filed on 25/03/2025), has provided essential clarifications regarding the application of Article 291, paragraph 1-quater, of the Code of Criminal Procedure, which governs the anticipated interrogation of the suspect in relation to personal precautionary measures. This ruling is of fundamental importance for anyone facing criminal proceedings or operating in the legal sector, precisely outlining the temporal boundaries of a rule destined to profoundly impact the rights of defense.
The Regulatory Context: Anticipated Interrogation and Law No. 114/2024
The legislator, with Law No. 114 of August 9, 2024, introduced significant amendments to the code of criminal procedure, including the provision of Article 291, paragraph 1-quater, c.p.p., concerning the anticipated interrogation of the suspect. This rule was designed to strengthen defense guarantees, allowing the suspect to be interrogated before the issuance of a precautionary measure, thus providing an additional opportunity to clarify their position or present exculpatory evidence. However, as often happens with new provisions, the question arose as to how to apply this novelty to proceedings already underway or to requests for precautionary measures pending at the time the law came into force (set for August 25, 2024).
Judgment No. 11921/2025 and the "Tempus Regit Actum" Principle
The Court of Cassation, Second Criminal Section, presided over by S. B. and with A. L. as rapporteur, addressed precisely this delicate issue in the case involving the defendant M. E., rejecting the appeal against the order of the Liberty Court of Turin. The ruling focused on identifying the applicable regime in cases of succession in time of different normative provisions. The maxim of the judgment, which clarifies the point, reads:
In the matter of personal precautionary measures, the new provision of Article 291, paragraph 1-quater, of the Code of Criminal Procedure, governing the anticipated interrogation of the suspect, is applicable to all requests for precautionary measures pending as of 25/08/2024, the date of entry into force of Law No. 114 of August 9, 2024, as, in the absence of transitional provisions, the act that is relevant for the regulation of the succession phenomenon is, by the principle "
