Judgment No. 15728 of 2023: Ex Officio Detection of Violation of the Principle of Legality of Punishment

The recent judgment No. 15728 of January 11, 2023, filed on April 13, 2023, offers important insights into the principle of legality of punishment and its application by the appellate judge. In particular, the Court established that violations of this principle must be detected ex officio, even if they arise from a legislative reform subsequent to the appealed judgment.

Context of the Judgment

In the specific case, the appellate judge had imposed a prison sentence for the crime of personal injury. However, following the legislative amendment introduced by Legislative Decree of October 10, 2022, No. 150, the offense became prosecutable upon complaint, thus no longer falling under the jurisdiction of the appellate judge but of the Justice of the Peace. This reform made evident the need for a review of the decision, as the sanctioning treatment had been modified in favor of the defendant.

Jurisdiction of the appellate judge - Violation of the principle of legality of punishment due to legislative reform - Ex officio detection - Existence - Case law. The violation of the principle of legality of punishment must be detected ex officio by the appellate judge even when it stems from a legislative reform that, having occurred after the appealed judgment, has modified the sanctioning treatment in favor of the defendant. (Case in which the Court annulled the decision by which the appellate judge had imposed a prison sentence for the crime of personal injury, which became prosecutable upon complaint following the legislative amendment introduced by Legislative Decree of October 10, 2022, No. 150, and therefore, under the jurisdiction of the Justice of the Peace pursuant to Article 4, paragraph 1, letter a), of Legislative Decree of August 28, 2000, No. 274, a judicial authority precluded from imposing custodial sentences).

Implications of the Decision

The Court, recognizing the importance of the principle of legality, clarified that legislative changes occurring after the first-instance judgment must also be considered in the appeal proceedings. This means that a judge cannot simply uphold a sentence without assessing whether it conforms to new legislative standards. The implications of this judgment can be summarized in the following points:

• Legislative reform can retroactively affect the sanctioning treatment of defendants.
• The appellate judge has the obligation to ex officio examine any violations of the principle of legality.
• Compliance with new legislative provisions is fundamental to ensuring a fair trial and protecting the rights of defendants.

Conclusions

Judgment No. 15728 of 2023 represents a significant step forward in the protection of defendants' rights, highlighting the fundamental role of the principle of legality in the Italian judicial system. The Court's decision to ex officio review the sanctioning treatment in light of legislative changes is a clear signal that the Italian legal system is evolving to ensure greater fairness and justice. It is crucial for legal professionals and citizens to be aware of these dynamics to approach criminal proceedings with greater understanding.