Commentary on Judgment No. 38491 of 2024: Jurisdiction and Connections in Crimes

In judgment No. 38491 of June 20, 2024, the Court of Cassation ruled on a crucial issue in criminal law: the determination of territorial jurisdiction in cases of connected crimes. The ruling, featuring the defendant L. S., clarifies fundamental aspects concerning the prosecutor's indictment and its implications for judicial jurisdiction.

Context of the Judgment

The Court declared inadmissible the appeal filed against the decision of the Court of Appeal of Milan, which had already established territorial jurisdiction based on the indictment formulated by the public prosecutor. This principle is of fundamental importance, as it establishes that jurisdiction must be determined based on the formal charging documents, unless obvious and gross errors emerge.

The Holding of the Judgment

Determination of Jurisdiction - Reference to the Prosecutor's Indictment - Subsequent Acquittal of Some Charged Crimes or Exclusion of Certain Aggravating Circumstances - Relevance - Exclusion. Territorial jurisdiction, in the case of connected crimes, is determined by reference to the indictment formulated by the public prosecutor, unless this contains relevant, gross, and immediately perceptible errors, so that acquittal from some of the charged crimes or the exclusion of certain aggravating circumstances cannot lead "ex post" to its alteration.

This holding highlights how the stability of territorial jurisdiction is essential to ensure certainty and stability in criminal proceedings. The Court clarifies that any acquittal from some crimes or the exclusion of aggravating circumstances should not influence the jurisdiction already established, unless there are evident errors in the initial indictment. This principle aligns with the New Code of Criminal Procedure and established case law on the matter, as also highlighted by previous holdings.

Relevance of the Judgment in Italian Jurisprudence

This judgment is part of a well-defined line of case law, where the Court of Cassation has previously addressed similar issues. Among the normative references, the Criminal Code (Article 61, paragraph 1, letter 2) and the New Code of Criminal Procedure (Article 12) provide a clear regulatory framework for jurisdiction in connected crimes. The principle established by the Court is fundamental to avoid conflicts of jurisdiction and ensure a fair trial, preventing subsequent decisions from compromising legal stability.

• Clarity in the determination of territorial jurisdiction
• Stability of criminal proceedings
• Importance of the prosecutor's indictment

Conclusions

In conclusion, judgment No. 38491 of 2024 represents an important reference point for Italian jurisprudence on territorial jurisdiction. The Court of Cassation, confirming previously established lines, reaffirms the need for a clear and unequivocal indictment by the public prosecutor, emphasizing that any changes in the procedural situation cannot affect the established jurisdiction. This principle guarantees the stability and certainty of law, fundamental elements for a just and fair trial.