Abolitio Criminis and Immediate Acquittal: The Cassation Court's Interpretation in Judgment No. 29184/2025

Abolitio criminis, the cessation of criminal relevance of an act, is a fundamental principle of our legal system. When conduct is no longer considered a crime, the implications for those involved in criminal proceedings are immediate. The Court of Cassation, with judgment no. 29184 of July 15, 2025 (filed on August 6, 2025), has provided crucial clarifications on the role of the appellate judge in these scenarios, outlining the boundaries of immediate acquittal under Article 129 of the Code of Criminal Procedure.

The Principle of Non-Punishability: Art. 2 c.p. and Abolitio Criminis

The principle is enshrined in Article 2, paragraph 2, of the Criminal Code: "No one shall be punished for an act which, according to a subsequent law, does not constitute a crime." This provision guarantees the retroactivity of the more favorable criminal law, annulling convictions for acts that are no longer unlawful. Its application is vital when the abolition occurs after a first-instance conviction but before the judgment becomes final, presenting the judicial system with the need to balance guarantees for the defendant and procedural efficiency.

Judgment No. 29184/2025: The Obligation for Immediate Acquittal

The ruling of the Court of Cassation, Sixth Criminal Section (President Dr. M. R., Rapporteur Dr. P. D. G.), directly addresses this issue. By rejecting an appeal against a decision of the Court of Appeal of Cagliari of November 19, 2024, the Supreme Court established the precise conditions for the immediate acquittal of the defendant, in the specific case of M. G. V., in the presence of abolitio criminis. The maxim of the judgment is clear:

In the event that the act for which a conviction was rendered in the first instance is no longer provided for by law as a crime, the appellate judge, pursuant to art. 129 of the Code of Criminal Procedure, is obliged to immediately acquit the defendant, without needing to continue the proceedings to ascertain the non-existence of the act or its non-attributability to the defendant, unless such grounds for acquittal require mere ascertainment and, therefore, equally guarantee the immediacy of the decision. (Case concerning abuse of office).

This implies that, in cases of abolitio criminis, the appellate judge must acquit the defendant without further investigation into the existence of the act or its attribution. The objective is maximum speed in applying the principle of non-punishability for an act that is no longer unlawful.

Exceptions: The "Mere Ascertainment" of Other Grounds for Acquittal

The judgment introduces an important exception: immediate acquittal is not mandatory if other grounds for acquittal (such as the non-existence of the act or non-attributability) "do not require mere ascertainment and, therefore, equally guarantee the immediacy of the decision." This means that, if one of these grounds is clearly and unequivocally evident from the case file, without the need for complex investigations, the judge may acquit on those grounds, still maintaining immediacy. The specific case concerned abuse of office, a crime often subject to legislative changes. The Cassation Court's decision:

• Reinforces non-punishability for acts that are no longer crimes.
• Mandates swift acquittal in cases of abolitio criminis.
• Allows acquittal for other grounds, if immediately ascertainable.

Conclusions and Practical Impacts

Judgment no. 29184/2025 of the Court of Cassation is an essential guide for legal professionals. It balances the need for swift justice, in line with legislative changes, with the guarantee of an assessment, albeit summary, of other grounds for acquittal. This ruling is fundamental to ensuring consistency in the Italian criminal system and protecting the rights of defendants in the face of evolving norms.