Analysis of Judgment No. 19971 of 2023: Offenses Requiring a Complaint and Punitive Intent

Judgment No. 19971 of January 9, 2023, represents an important ruling by the Court of Cassation concerning offenses that have become prosecutable upon a complaint. With the entry into force of Legislative Decree No. 150 of 2022, there has been a significant change in the discipline of criminal proceedings, particularly regarding the manifestation of punitive intent by the victim. This article aims to analyze the content of the judgment and its legal implications.

Regulatory Context

Legislative Decree No. 150 of 2022 introduced substantial amendments to the Criminal Code, making certain offenses prosecutable upon a complaint. This means that to initiate criminal proceedings, the victim's intent is required. The judgment in question clarifies how such intent can be expressed and how it can be inferred even in the absence of an explicit declaration.

• Offenses that became prosecutable upon a complaint following Legislative Decree No. 150 of 2022.
• Manifestation of punitive intent by the victim.
• Formation of a civil party or reservation to form a civil party as indicators of intent.

The Ruling's Headnote

Offenses that became prosecutable upon a complaint following the entry into force of Legislative Decree No. 150 of 2022 – Manifestation of punitive intent by the victim – Formation of a civil party or reservation to form a civil party – Inferability – Existence – Case law. In the context of offenses that have become prosecutable upon a complaint following the entry into force of Legislative Decree of October 10, 2022, No. 150, the manifestation of punitive intent by the victim can be implicitly inferred, in ongoing proceedings, from the formation of a civil party or the reservation to form a civil party. (Case concerning the contravention provided for by Article 659, first paragraph, of the Criminal Code).

This headnote highlights how, in the context of offenses that now require a complaint to be prosecuted, the intent to criminally prosecute the perpetrator of an offense can be inferred even if not expressly declared. This aspect is crucial to ensure that victims have an active role in criminal proceedings, without necessarily having to formalize a complaint.

Practical Implications and Conclusions

Judgment No. 19971 of 2023 establishes an important precedent for victims of offenses requiring a complaint. The possibility of inferring punitive intent from the formation of a civil party or the reservation to form a civil party expands the opportunities for victims to actively participate in criminal proceedings. This not only promotes a fairer and more equitable approach towards victims but also contributes to a legal system that is more responsive and sensitive to societal needs.

In conclusion, the judgment underscores the importance of punitive intent in criminal law dynamics, making it clear that even an implicit manifestation can have legal value. The innovations introduced by Legislative Decree No. 150 of 2022 and confirmed by the Court of Cassation are transforming the way offenses are prosecuted, reflecting a paradigm shift towards greater victim protection.