Commentary on Judgment No. 38953 of 2023: Precautionary Measures and Continued Validity

Judgment No. 38953 of July 13, 2023, filed on September 25, 2023, offers important clarifications on personal precautionary measures currently in execution, especially concerning fugitives due to escape from house arrest. This article will explore the details of the judgment, the relevant regulations, and their practical implications.

Context of the Judgment

The central issue of the judgment concerns precautionary measures issued for offenses committed before the entry into force of Legislative Decree No. 150 of 2022. Specifically, the focus is on their continued validity, pending the filing of a complaint, as established by Article 85 of this decree. The Court ruled that such measures retain their effectiveness for a maximum of twenty days from the entry into force of the decree itself.

Measures in execution, even if relating to a subject declared a fugitive following escape from house arrest – Issued for offenses committed prior to the entry into force of Legislative Decree No. 150 of 2022 and, as a result of the same, now prosecutable upon complaint – Continued validity pursuant to Article 85 of Legislative Decree No. 150 of 2022 – Existence – Limits. Personal precautionary measures in execution, including those ordered against a subject declared a fugitive following escape from house arrest, if issued for offenses committed prior to the entry into force of Legislative Decree of October 10, 2022, No. 150 and, as a result of the same, now prosecutable upon complaint, retain their continued validity pursuant to Article 85 of the aforementioned Legislative Decree, pending the filing of the complaint, up to twenty days from the entry into force of the decree itself, and lose their effectiveness if this term expires without action.

Legal Implications

The judgment offers a clear interpretation of current legislation, establishing that precautionary measures, even if issued in a context of escape, do not lose their validity and can continue to be applied until a complaint is filed. This aspect is crucial, as it provides protection to victims and ensures that legal proceedings can continue without interruption.

• Measures retain their effectiveness for twenty days.
• A complaint must be filed within this period.
• In the absence of a complaint, the measures lose their effectiveness.

This decision aligns with the principle of legality and European regulations protecting the right to justice, highlighting the importance of ensuring that precautionary measures are used fairly and proportionally.

Conclusions

Judgment No. 38953 of 2023 represents a significant step in clarifying precautionary measures in Italy, emphasizing their continued validity and the limits established by law. The implications of this judgment not only affect the specific case but also offer guidance for future situations, ensuring that the legal system remains effective in protecting victims and punishing offenders. It is essential for legal practitioners to be aware of these provisions to ensure the correct application of the law.