Commentary on Judgment No. 20619 of 2023: Reflections on the Public Prosecutor's Appeal

The recent judgment of the Court of Cassation No. 20619 of 2023 has offered an important opportunity for reflection on the powers of the appellate judge in criminal matters, particularly concerning the public prosecutor's appeal against acquittal judgments. In this analysis, we will seek to clarify the content of the judgment and its significance within Italian criminal law.

Context of the Judgment

The central issue in the case under review concerns the possibility for the appellate judge to re-evaluate the objective element of the crime, even in the presence of an acquittal "because the act does not constitute a crime." The Court has established that the public prosecutor's appeal does not preclude the appellate judge from undertaking a new assessment of the defendant's conduct. This aspect is fundamental to understanding the fully devolutive effect of the appeal, as established by Article 597, paragraph 2, letter b), of the Code of Criminal Procedure.

Implications of the Ruling

Acquittal "because the act does not constitute a crime" - Public prosecutor's appeal - Cognitive preclusion of the appellate judge on the objective element of the crime - Exclusion - Reasons. The public prosecutor's appeal against an acquittal judgment "because the act does not constitute a crime" does not preclude the appellate judge from a different assessment of the existence of the conduct, given the fully devolutive effect of the appeal, which grants the "ad quem" judge the broad decision-making powers under Article 597, paragraph 2, letter b), of the Code of Criminal Procedure.

This ruling highlights a fundamental principle: the public prosecutor's appeal has a devolutive effect that allows the judge to re-evaluate the defendant's conduct, regardless of the acquittal decision in the first instance. In essence, the appellate judge is not bound by the conclusions reached previously and can re-examine the evidence and elements presented during the trial.

• The appellate judge has broad decision-making powers.
• The assessment of conduct is a crucial aspect of criminal proceedings.
• The principle of the devolutive effect of the appeal is central to criminal procedure.

This decision aligns with other previous jurisprudential trends, highlighting the need to ensure a fair trial and protect the interests of justice, even in the presence of acquittals. The Court has therefore confirmed the importance of the principle of non-prejudice that must characterize criminal proceedings, allowing for a fair and complete assessment even at the appellate stage.

Conclusions

In conclusion, judgment No. 20619 of 2023 represents an important milestone in Italian jurisprudence, clarifying the role of the appellate judge when faced with an acquittal. The possibility of re-evaluating the defendant's conduct reiterates the importance of a legal process capable of ensuring justice and addressing substantive issues exhaustively. This principle, although complex, is essential for understanding the dynamics of criminal law and for ensuring that each case is treated with due attention and respect for the rules.