Analysis of Judgment No. 13806 of 2023: The Prohibition of "Reformatio in Peius"

The very recent judgment No. 13806 of March 7, 2023, filed on April 3, 2023, offers significant insights into the principle of the prohibition of "reformatio in peius" in the context of Italian criminal law. This principle, enshrined in Article 597, paragraph 4 of the Code of Criminal Procedure, is fundamental to ensuring that the defendant does not suffer an aggravation of the penalty following an appeal by the losing party. The Court of Cassation, in this decision, clarified the modalities of application of this prohibition, particularly in cases of continued offenses.

Context of the Judgment

In the specific case, the defendant M. C. had been convicted of continued offenses, but the Court of Appeal of Bari had subsequently partially annulled the conviction for the more serious offense, remitting the matter to the referring judge for the redetermination of the penalty for the remaining offense. However, the referring judge increased the penalty for the satellite offense, exceeding what was established in the first judgment. This action led to a violation of the prohibition of "reformatio in peius".

PROHIBITION OF "REFORMATIO IN PEIUS" - Continued offense - Partial annulment of conviction for the more serious offense - Redetermination of penalty – Powers of the referring judge – Scope and limits of the prohibition of "reformatio in peius" - Case law. In the referral proceedings following the annulment of the conviction for the more serious offense only, the referring judge, when determining the penalty for the remaining, less serious offense, is not bound by the amount of penalty identified as an increase pursuant to Article 81, second paragraph, of the Criminal Code, but, by the rule of the prohibition of "reformatio in peius", cannot impose a penalty which, by type and quantity, constitutes an aggravation of that identified, in the judgment prior to the partial annulment, as the basis for calculating the increases for continuation.

The Principle of the Prohibition of "Reformatio in Peius"

The prohibition of "reformatio in peius" is a cornerstone principle that protects the defendant's right to defense, preventing an appeal from resulting in a more severe conviction. This principle is rooted in the principle of legality and the right to a fair trial, guaranteed by the Italian Constitution and the European Convention on Human Rights. Based on this principle, the referring judge has the obligation not to aggravate the penalty already established in the first instance, unless there are new elements of proof that justify such a decision.

Conclusions

Judgment No. 13806 of 2023 represents an important confirmation of the prohibition of "reformatio in peius" and the rights of the defendant in criminal proceedings. It underscores the importance of ensuring that the referring judge respects the limits imposed by case law, avoiding the imposition of more severe sanctions without adequate justification. This principle not only protects defendants but also contributes to ensuring fairness and justice in the judicial system. Clarity and consistency in the application of such rules are fundamental to preserving citizens' trust in the legal system.