Sentence No. 27098 of 2024 and the crime of defamation: legal clarifications

The recent sentence No. 27098 of June 4, 2024, filed on July 9, 2024, has raised important issues regarding the crime of defamation and its interaction with the institution of acquittal. The Court of Cassation has addressed the issue of the necessity to ascertain the innocence of the defamed person in a complex legal context, clarifying some fundamental aspects that deserve careful examination.

Context of the sentence

The Court rejected the appeal filed by the defence, establishing that an irrevocable acquittal pursuant to Article 530, paragraph 2, of the Code of Criminal Procedure does not automatically imply the innocence of the defamed person. The decision is based on the important distinction between the assessment of the criminal liability of the defamed person and the existence of the predicate offence.

Predicate offence - Irrevocable acquittal judgment pursuant to art. 530, paragraph 2, Code of Criminal Procedure - Consequences - Doubt on the existence of the crime of defamation - Necessity - Exclusion. Doubt on the existence of the predicate offence, even if established by an irrevocable judgment, does not, in itself, justify doubt on the existence of the crime of defamation. (In the reasoning, the Court specified that, in proceedings for the crime of defamation, the innocence of the defamed person does not necessarily need to be ascertained prejudicially in a separate criminal proceeding and any judgment formed in this regard must be freely and independently assessed). (Conf.: No. 8637 of 1979, Rv. 143174-01).

Legal implications

Sentence No. 27098 of 2024 is part of a consolidated line of case law, which has been reflected in previous decisions of the Court. In particular, the Court reiterated that:

• The innocence of the defamed person does not need to be ascertained in a separate proceeding.
• The judgment formed in another context must be assessed independently.
• Doubt on the existence of the predicate offence does not automatically justify doubt on defamation.

This position is in line with the principle of legality and the need to ensure a fair trial, avoiding confusion between the different stages of criminal proceedings.

Conclusions

In conclusion, sentence No. 27098 of 2024 represents an important confirmation of the separation between the crime of defamation and the assessment of any predicate offences. Legal professionals and citizens must be aware that an acquittal does not automatically imply innocence in the context of defamation and that each case must be assessed according to its specific circumstances. This decision offers food for thought on the complexity of criminal law and the need for a rigorous and precise approach in interpreting the rules.