Analysis of Judgment No. 22032 of 2023: The Prohibition of Reformatio in Peius

Judgment No. 22032 of March 16, 2023, by the Court of Cassation highlighted a fundamental principle of Italian criminal law: the prohibition of "reformatio in peius." This principle, which protects the defendant from potential sentence aggravations following an appeal, was applied in a specific case concerning the defendant L. C., whose sentence was reformed in such a way that, although reduced overall, it presented an increase in the base sentence due to an aggravating circumstance.

The Principle of the Prohibition of Reformatio in Peius

The prohibition of "reformatio in peius" is established by Article 597 of the Code of Criminal Procedure and stipulates that, in the event of an appeal filed solely by the defendant, the judge cannot worsen their position. This principle is essential to guarantee the right to defense and legal certainty, preventing an appeal from being detrimental to the appellant.

PROHIBITION OF "REFORMATIO IN PEIUS" - Appeal filed by the defendant alone - Prohibition of "reformatio in peius" - Scope - Extension also to individual elements of sentence calculation - Existence - Case law. The appellate judge violates the prohibition of "reformatio in peius" who, while re-determining the sentence in terms that are overall lower than those established by the appealed judgment, applies an increase to the base sentence for an aggravating circumstance that is greater than that imposed by the first-instance judge. (In application of the principle, the Court annulled the decision in which, despite the overall sentence imposed in the first instance being reduced due to the recognition of a mitigating circumstance, the base sentence was increased to the maximum of one-half for the recognition of the aggravating circumstance of the mafia method, which had instead been applied by the first-instance judge with a one-third sentence increase).

The Specific Case of L. C.

In the analyzed case, the Court of Cassation decided to annul the judgment of the Court of Appeal of Bari, emphasizing that, despite the overall reduced sentence, the increase in the base sentence for the application of an aggravating circumstance violated the principle of "reformatio in peius." Specifically, the appellate judge imposed an increase in the sentence for the aggravating circumstance of the mafia method to a greater extent than established by the first-instance judge, thereby compromising the defendant's rights.

• The prohibition of reformatio in peius safeguards the rights of the defendant.
• The reduction of the overall sentence must not lead to an aggravation of the base sentence.
• Aggravating circumstances must be applied consistently and proportionally.

Conclusions

Judgment No. 22032 of 2023 represents an important confirmation of the principle of the prohibition of "reformatio in peius" within the Italian criminal justice system. It underscores the necessity of respecting procedural guarantees and adopting a balanced approach in determining sentences. It is crucial for judges to bear this principle in mind to protect the rights of defendants and ensure a fair trial, in line with national legal norms and the provisions of the European Convention on Human Rights.