Judgment No. 22641 of 2023 and Prosecutability Upon Complaint: A New Jurisprudential Orientation

Judgment No. 22641 of April 21, 2023, represents a significant step forward in understanding prosecutability upon complaint within the context of the Cartabia Reform. This decision by the Court of Cassation addresses crucial issues regarding the applicability of the new rules to offenses committed before the legislative amendment. Let us examine the details of this judgment and the legal implications it entails.

The Regulatory Context: The Cartabia Reform

Legislative Decree of October 10, 2022, No. 150, known as the Cartabia Reform, introduced significant changes to the rules governing prosecutability upon complaint. The judgment under review focuses on the necessity of ascertaining the existence of a complaint even for offenses committed before the amendments, due to the mixed nature of the complaint itself, which has both substantive and procedural dimensions.

• The complaint as a necessary act for punishability.
• The judge's role in verifying the existence of the complaint.
• Implications for offenses committed before the Reform.

The Ruling's Headnote and Its Implications

Prosecutability upon complaint following the amendment introduced by Legislative Decree of October 10, 2022, No. 150 (so-called Cartabia Reform) - Offenses committed before the amendment - Applicability - Existence - Reasons - Case law. In the context of offenses that have become prosecutable upon complaint following the amendment introduced by Legislative Decree of October 10, 2022, No. 150, the provision for prosecutability upon complaint entails that, given the mixed, substantive, and procedural nature of the complaint, as well as its concrete impact on the punishability of the perpetrator, the judge, pursuant to Article 2, paragraph four, of the Criminal Code, must ascertain its existence even for offenses committed prior to the amendment. (Case law concerning theft aggravated by fraudulent means and by a teleological link, in which the Court recognized the existence of the ground for non-prosecutability, as it did not involve an inadmissible appeal).

This headnote highlights the importance of the complaint as a safeguard for the defendant and emphasizes that, for offenses now prosecutable upon complaint, the judge must verify its submission even for acts predating the Reform. This implies a review of ongoing criminal proceedings and a careful assessment of the legal positions of the defendants.

Conclusions

Judgment No. 22641 of 2023 offers a fundamental interpretation for understanding the evolution of prosecutability upon complaint within the Italian legal system. It not only clarifies the applicability of the new provisions but also raises questions about how they intersect with the principles of justice and guarantees for defendants. In an ever-evolving legal landscape, it is essential to stay updated on jurisprudential interpretations to face future legal challenges with awareness.