Judgment No. 19335 of 2023: The Defendant's Presence and Conditions for Prosecution

The recent judgment No. 19335 of January 13, 2023, filed on May 8, 2023, has raised important questions regarding Italian jurisdiction over crimes committed abroad by Italian citizens. In particular, the Court emphasized that the defendant's presence within the State's territory is an indispensable condition for initiating criminal proceedings, as stipulated by Article 9 of the Criminal Code.

The Legal Context of the Judgment

The Court of Appeal of Venice, with its decision, rejected the appeal of A. P.M. de Masellis Mariella, confirming that the defendant's presence in Italian territory must occur before the commencement of criminal proceedings. This principle is fundamental to ensuring the correct application of Italian jurisdiction, preventing the accused from evading justice through simple departure.

Defendant's presence within the State's territory - Moment when the condition for prosecution is met - Prior to the initiation of criminal proceedings - Necessity - Reasons. In matters of common crimes committed abroad by an Italian citizen, their presence within the State's territory, which establishes Italian jurisdiction pursuant to Article 9 of the Criminal Code, is a condition that must precede the initiation of criminal proceedings and, once met, does not cease to be valid due to subsequent departure, as a condition for prosecution cannot be left to the free choice of the accused.

This maxim highlights the importance of the defendant's physical presence as a fundamental requirement for jurisdiction. In other words, if an Italian citizen commits a crime abroad, Italian jurisdiction is activated only when the defendant is within national territory. Once this condition is met, subsequent departure cannot prevent criminal action.

Implications of the Judgment

The Court's decision has significant implications for Italian citizens abroad who may be accused of crimes. The main considerations are:

• Clarity on Jurisdiction: The judgment clarifies that criminal proceedings cannot be initiated if the defendant is not in Italy, thus protecting the right to defense.
• Prevention of Flight: By establishing that departure does not affect jurisdiction, the risk of an accused evading justice is reduced.
• Legal Uniformity: The judgment contributes to greater uniformity in the application of legal norms, avoiding disparities in treatment.

Conclusions

In conclusion, judgment No. 19335 of 2023 represents an important step in upholding Italian legal norms concerning jurisdiction and the conditions for prosecution. It reaffirms the principle that the defendant's presence within national territory is essential for initiating criminal proceedings, thereby ensuring the protection of the accused's rights and the functionality of the judicial system. This decision prompts reflection on the importance of cooperation between jurisdictions and the necessity of ensuring that justice can be effectively pursued, regardless of the defendant's geographical location.