Judgment No. 36878 of 2023: Revocation of Prevention and Social Dangerousness Measures

The recent judgment of the Court of Cassation No. 36878 of May 17, 2023, offers important insights into the delicate issue of asset-based prevention measures and their relationship with criminal proceedings. In particular, the decision clarifies the criterion for assessing social dangerousness in cases of measure revocation, following an acquittal from the offense under art. 416-bis of the Italian Criminal Code.

Legal Context

The judgment is part of a highly complex legal framework where asset-based prevention measures are applied to combat organized crime phenomena. According to current legislation, specifically Legislative Decree No. 159 of 2011, prevention measures can be adopted even in the absence of a final criminal conviction, based on an assessment of social dangerousness.

In this specific case, the Court annulled a decision of the Court of Appeal of Milan with referral, establishing that, in the revocation proceedings of the measures, the judge must conduct a thorough analysis of the reasoning that led to the acquittal in the criminal trial.

The Role of Reasoning and Social Dangerousness

Relationship between criminal proceedings and prevention proceedings - Revocation - Acquittal from the offense under art. 416-bis of the Criminal Code - Reasoning on the judgment of social dangerousness - Content. Regarding asset-based prevention measures, in revocation proceedings following the final judgment declaring the non-existence of the crime referred to in art. 416-bis of the Criminal Code, the judge, concerning social dangerousness, must conduct a precise comparison with the reasoning that, at the conclusion of the criminal trial, deemed the evidence presented by the prosecution insufficient to prove the associative crime.

The above summary highlights how the judge must consider not only the acquittal from the offense but also the reasoning behind such acquittal. In other words, if the criminal judge has established that the indications of guilt were not sufficient to prove the defendant's culpability, this must also be reflected in the assessment of social dangerousness within the scope of prevention measures.

• The definition of social dangerousness must be supported by concrete evidence.
• The judge cannot disregard the reasoning for acquittal in the criminal trial.
• Prevention measures must be re-examined in light of any new elements that have emerged.

Conclusions

Judgment No. 36878 of 2023 represents a significant step forward in ensuring a fair balance between the protection of public safety and the fundamental rights of individuals. It emphasizes the importance of a thorough and reasoned analysis by the judge in assessing an individual's social dangerousness, thus avoiding arbitrary application of prevention measures. This principle is fundamental not only for criminal justice but also for the respect of human rights and the construction of a fair and just legal system.