Analysis of Judgment No. 29959 of 2024: Tacit Withdrawal of Complaint

Judgment No. 29959 of June 13, 2024, filed on July 22, 2024, addresses a crucial issue in criminal law: the tacit withdrawal of a complaint by the legal representative of an entity. This principle, by introducing new conditions, offers food for thought on the legal dynamics governing complaints and the role of witnesses in hearings.

The Regulatory Context

The issue falls within the scope of Article 152, paragraph three, no. 1, of the Criminal Code, as amended by Legislative Decree No. 150 of 2022, which came into force on December 30, 2022. This article establishes that the tacit withdrawal of a complaint also applies if the legal representative of an entity that has filed a complaint does not appear at the hearing as a witness. However, for this to occur, it is necessary for the representative to retain their position on the date of the hearing and for the entity's statute to authorize them to withdraw the complaint.

Conditions for Tacit Withdrawal

Tacit withdrawal of a complaint filed by the legal representative of an entity - Failure to appear as a witness at the hearing - Applicability of Article 152, paragraph three, no. 1, of the Criminal Code, introduced by Article 1, paragraph 1, letter h), of Legislative Decree No. 150 of 2022 - Existence - Conditions. Regarding the tacit withdrawal of a complaint, the provisions of Article 152, paragraph three, no. 1, of the Criminal Code, introduced by Article 1, paragraph 1, letter h), of Legislative Decree of October 10, 2022, No. 150, in force since December 30, 2022, also apply in cases where the witness who failed to appear at the hearing without just cause had previously filed a complaint in their capacity as the legal representative, in office, of the offended entity, under the dual condition that they retain this capacity on the date of the hearing and that they are authorized by the statute of the represented entity to withdraw the complaint, by not appearing at the hearing for which they were summoned as a witness.

These conditions highlight how the law intends to ensure a certain stability and responsibility in legal relationships. In fact, the legal representative must be able to act in the interest of the entity, and their failure to appear should not automatically compromise the right to withdraw the complaint. It is therefore essential for legal representatives to always be aware of their responsibilities and the regulations governing them.

Practical Implications of the Judgment

The judgment offers important insights for legal professionals and companies. Below are some practical implications:

• Strengthening the role of the legal representative in complaint activities.
• Need for a clear statutory definition of the representative's powers.
• Awareness of legal rights and duties in case of a hearing.

In conclusion, judgment No. 29959 of 2024 represents a significant legal development in the field of tacit withdrawal of complaints, offering new perspectives for managing complaints in the criminal context. Legal professionals and legal representatives of entities are called upon to exercise greater attention and preparation to face the legal challenges associated with these dynamics.