Judgment No. 38450 of 2023: The Complaint for Bodily Harm and the Prosecutability Regime

The recent judgment No. 38450 of June 20, 2023, issued by the Court of Cassation, represents an important moment of reflection on the prosecutability regime for offenses against persons, particularly concerning bodily harm as a consequence of another crime. In this article, we will analyze the reasoning of the judgment and its impact on Italian jurisprudence, paying particular attention to the meaning of the victim's complaint.

Context of the Judgment

The Court of Cassation annulled a previous decision of the Court of Appeal of Milan without referral, emphasizing the necessity of a complaint by the offended person for the punishability of the bodily harm offense. This position is based on an interpretation of the provisions of the Penal Code, particularly Articles 586 and 590, which establish the criteria for the punishability of such offenses.

Prosecutability Regime - Complaint by the Offended Person - Necessity - Reasons. The offense of bodily harm as a consequence of another crime is punishable upon complaint by the offended person, given that the reference made by Article 586 of the Penal Code to the provisions of Article 590 of the Penal Code cannot be understood as being made solely "quoad poenam" (with regard to the penalty).

Meaning of the Maxim

The maxim expressed by the judgment highlights that, for offenses of bodily harm arising from another crime, a complaint by the offended person is indispensable. This implies that, without the victim's manifestation of will, criminal proceedings cannot be initiated. The Court, therefore, clarifies that the reference in Article 586 to the provisions of Article 590 is not limited exclusively to the aspect of the penalty but also extends to the necessity of initiating the proceedings.

• The offense of bodily harm is of a private nature.
• A complaint is a necessary act for prosecutability.
• The legislative reference must be interpreted broadly.

Practical and Legal Implications

This judgment has significant practical repercussions for victims of bodily harm offenses, as it reinforces the principle that only through a complaint can the judicial machinery be activated. It is crucial for offended persons to be aware of this aspect, as their willingness to proceed becomes essential for criminal action. The Court, through this decision, also reiterates the importance of protecting victims' rights within the Italian legal system.

Conclusions

In conclusion, judgment No. 38450 of 2023 provides a significant clarification on the prosecutability regime for bodily harm offenses. The necessity of a complaint by the offended person is not merely a formal requirement but an essential element to ensure respect for victims' rights and to allow for a fair trial. The Court of Cassation, with this ruling, contributes to outlining a clear and well-defined regulatory framework that deserves attention and study from all legal professionals.