Commentary on Judgment No. 17585 of 2023: The Prohibition of 'Reformatio in Peius' and its Implications

Judgment No. 17585 of March 23, 2023, filed on April 27, 2023, offers an interesting opportunity for reflection on the principle of the prohibition of 'reformatio in peius' in Italian criminal law. This principle, which prevents the appellate judge from aggravating the defendant's position compared to the penalty already imposed in the first instance, is at the center of the Supreme Court of Cassation's decision and deserves detailed analysis to understand its practical consequences.

The Prohibition of 'Reformatio in Peius'

The Court, presided over by Dr. R. E., established that the prohibition of 'reformatio in peius' is not limited solely to the overall amount of the penalty but extends to all independent elements that contribute to the determination of the penalty itself. In other words, if a defendant appeals concerning an aggravating circumstance, the appellate judge cannot impose a penalty increase greater than that already determined by the first-instance judge.

PROHIBITION OF "REFORMATIO IN PEIUS" - Applicability to the overall amount of the penalty only - Exclusion - Applicability to all independent elements contributing to the determination of the penalty - Existence - Consequences. The prohibition of "reformatio in peius" of a judgment appealed solely by the defendant does not concern only the overall amount of the penalty, but all independent elements that contribute to its determination. Therefore, in the event of an appeal filed solely by the defendant regarding the existence of an aggravating circumstance, the appellate judge cannot impose, for the remaining circumstance, a penalty increase greater than that applied by the first-instance judgment.

Practical Implications of the Judgment

The implications of this judgment are significant for the defense of defendants. Indeed, the principle of the prohibition of 'reformatio in peius' provides certain protection against legal decisions that could result in excessive penalties on appeal. The consequences of this judgment can be summarized in the following points:

• Strengthening the protection of the defendant's rights;
• Clarity in appeal procedures;
• Limitation of the appellate judge's discretionary power.

Conclusions

In conclusion, Judgment No. 17585 of 2023 represents an important step forward in the legal reasoning concerning the prohibition of 'reformatio in peius'. It underscores the importance of a balance between the demands of justice and the right to defense, ensuring that the defendant does not suffer unjustified aggravations. In an ever-evolving legal landscape, such principles remain fundamental for respecting individual rights and safeguarding criminal justice.