Commentary on Judgment No. 30625 of 2024: Prohibition of Reformatio in Peius

The recent judgment No. 30625 of July 1, 2024, filed on July 26 of the same year, offers an important reflection on the principle of the prohibition of "reformatio in peius" in the context of criminal appeals. This principle, provided for by Article 597 of the Code of Criminal Procedure, establishes that the appellate judge cannot worsen the position of the defendant who has appealed, unless there are specific conditions that justify such a decision.

The Case and the Judgment

In the case under examination, the defendant, M. P., had appealed a first-instance judgment, in which mitigating circumstances had been recognized. However, the appellate judge, while recognizing the prevalence of mitigating circumstances over aggravating ones, made a reduction in the sentence which, for one of the mitigating circumstances, was lower than that established in the first instance. This conduct was considered illegitimate by the Court of Cassation.

REFORMATIO IN PEIUS - Appeal by the defendant only - Recognition of the prevalence of mitigating circumstances over aggravating ones - Reduction of sentence for one of the mitigating circumstances lower than that determined in the first instance - Legitimacy - Exclusion. The appellate judge violates the prohibition of "reformatio in peius" who, following an appeal by the defendant only, recognizing the prevalence of mitigating circumstances over aggravating ones, collectively reduces the imposed sentence, but, in relation to one of the aforementioned mitigating circumstances, makes a reduction lower than that determined in the first instance.

Analysis of the Prohibition of Reformatio in Peius

The prohibition of reformatio in peius is a cornerstone principle of Italian criminal law, aimed at ensuring that the defendant cannot find themselves in a disadvantageous situation as a result of an appeal they themselves filed. In this context, the judgment under comment reaffirms the importance of respecting this principle, emphasizing that the reduction of the sentence cannot be lower than that already established in the first instance, as this would constitute a violation of the right to defense.

• Recognition of mitigating circumstances as a fundamental element in determining the sentence.
• Impossibility of reducing the sentence in such a way that the final outcome is more unfavorable to the defendant.
• Confirmation of the importance of protecting fundamental rights in criminal proceedings.

Conclusions

Judgment No. 30625 of 2024 represents an important confirmation of the principle of the prohibition of reformatio in peius, reaffirming the need for a balance between mitigating and aggravating circumstances in determining the final sentence. This decision by the Court of Cassation not only clarifies the dynamics of applying criminal law but also reiterates the fundamental value of protecting the rights of the defendant in criminal proceedings, ensuring that every decision is justified and respectful of current regulations.