Commentary on Judgment No. 32673 of 2024: Personal Injury and Contestation of Aggravating Circumstances

Judgment No. 32673 of August 13, 2024, by the Court of Cassation, offers significant insights regarding the contestation of aggravating circumstances in the context of road traffic personal injuries. In particular, the case examined highlighted the importance of a clear formulation in the indictment to validate the contestation of aggravating circumstances pursuant to Article 590-bis of the Criminal Code.

The Case and the Court's Decision

In the specific case, the defendant, V. C., was accused of causing serious injuries by crossing the center line. However, the Court held that the mere reference to such conduct was insufficient to formally contest the aggravating circumstance of driving against traffic. The Court therefore annulled the decision of the Court of Appeal of Bologna, emphasizing the lack of a clear and precise statement of the defendant's conduct.

Serious or very serious road traffic personal injuries - Accident caused by crossing the center line - Factual contestation of the aggravating circumstance under Article 590-bis, fifth paragraph, no. 2, of the Criminal Code - Exclusion - Case law. In matters of road traffic personal injuries, the mere reference in the indictment to having crossed the center line does not allow for the formal factual contestation to the defendant of the special aggravating circumstance under Article 590-bis, fifth paragraph, no. 2 of the Criminal Code, of driving against traffic. (In its reasoning, the Court of Cassation specified that, in the absence of a clear and precise statement of the circumstance of having caused the injuries by driving against traffic, the ex officio prosecution provided for by Article 590-bis, ninth paragraph, of the Criminal Code cannot be considered).

Implications and Reflections

This judgment raises important reflections on the methods of contesting aggravating circumstances. Indeed, adherence to the requirements of clarity and precision in the formulation of the indictment is fundamental not only to guarantee the defendant's right to defense but also for the correct application of criminal law. Some aspects to consider include:

• The necessity of a clear accusation that precisely outlines the contested conduct.
• The importance of distinguishing between the various aggravating circumstances provided for by law.
• The role of the judgment's reasoning in understanding legal decisions.

Conclusions

In conclusion, judgment No. 32673 of 2024 by the Court of Cassation represents an important step in defining the methods for contesting aggravating circumstances in cases of road traffic injuries. It underscores the importance of a correct and detailed indictment, thereby avoiding potential procedural defects that could compromise the entire criminal proceeding. Precision in the formulation of accusations is not merely a formal element but a fundamental principle to guarantee the rights of all parties involved in the trial.