Commentary on Judgment No. 20612 of 2023: Preliminary Reference and Territorial Jurisdiction

Judgment No. 20612 of April 12, 2023, filed on May 15, 2023, represents a significant development in Italian jurisprudence concerning issues of territorial jurisdiction in criminal proceedings. This ruling addresses the topic of preliminary reference to the Court of Cassation, introduced by Article 24-bis of the Code of Criminal Procedure, and clarifies the requirements for its admissibility.

Context of the Judgment

The case under review was brought before the Court of Latina, where the judge had to decide on territorial jurisdiction and, in particular, on the possibility of making a preliminary reference. The relevant provision, Legislative Decree of October 10, 2022, No. 150, introduced significant amendments regarding preliminary references, requiring the judge to adequately justify their decision.

The Ruling's Headnote

Territorial Jurisdiction – Determination – Preliminary Reference to the Court of Cassation pursuant to Art. 24-bis Code of Criminal Procedure – Admissibility – Necessary Content of the Order – Indication. In matters of preliminary reference to the Court of Cassation for the decision on territorial jurisdiction pursuant to Art. 24-bis Code of Criminal Procedure, introduced by Art. 4, paragraph 1, Legislative Decree of October 10, 2022, No. 150, the judge, seized of the issue or intending to raise it "ex officio," is required, for the admissibility of the reference, to justify their determination, analyzing the issue and conducting a preliminary assessment of its non-manifest groundlessness, so as to suggest the impossibility of resolving it through the use of ordinary legal instruments.

This headnote emphasizes the judge's duty to carefully examine the issue of jurisdiction and to justify their decision, indicating the reasons why they believe the issue cannot be resolved by normal legal means. This approach aims to ensure greater certainty and transparency in judicial decisions, curbing potential abuses of the referral mechanism.

Implications and Reflections

The implications of this judgment are significant for criminal procedural law. In particular, some key points are highlighted:

• Obligation to Justify: The judge must always justify the reference, avoiding superficial decisions.
• Preliminary Analysis: A thorough analysis of the jurisdiction issue is necessary before deciding on the reference.
• Legal Clarity: The judgment contributes to clarifying existing regulations, increasing legal certainty.

In this regard, judgment No. 20612 of 2023 is part of a broader context of reform of criminal proceedings, aimed at making the legal system more efficient and just.

Conclusions

In conclusion, judgment No. 20612 of 2023 offers important food for thought for all legal professionals. The need for detailed justification by the judge not only ensures greater transparency but also protects the rights of the accused, avoiding situations of legal uncertainty. This ruling therefore represents a step forward in strengthening confidence in the Italian legal system.