Judgment No. 21882 of 2023: Clarifications on the 'Ne Bis In Idem' Principle

The recent judgment No. 21882 of the Court of Cassation of March 23, 2023, offers important clarifications regarding the 'Ne Bis In Idem' principle, a fundamental concept in Italian criminal law that establishes the prohibition of a second trial for the same act and the same person. This article aims to delve into the meaning and consequences of this ruling, making it accessible even to those without specific legal training.

The 'Ne Bis In Idem' Principle

The 'Ne Bis In Idem' principle finds its roots in respect for res judicata and the protection of the defendant's rights. As highlighted in the judgment under review, the Court reiterated that a judgment that has become final precludes the possibility of a second trial only against the same person and for the same act. In other words, if an individual has already been tried for a specific crime, they cannot be tried again for the same act.

NE BIS IN IDEM - Constraint arising from res judicata - Effect against a different defendant in a different trial - Exclusion. A judgment that has become final precludes a second trial only against the same person and for the same act to which the ruling refers, so that, in the case of a different trial against a different defendant, the judge is not precluded from re-examining the same historical fact, which may be deemed to have been committed in different ways or even to be non-existent, lacking the requirement of the 'same defendant'.

Implications of the Judgment

One of the main implications of this ruling concerns the possibility for the judge to re-examine the same historical fact in trials involving different defendants. The Court specified that nothing prevents a new assessment of the facts, as long as different individuals are involved. This means that justice can take its course even in the presence of past judgments, provided that the parties involved are different.

• Recognition of the right to defense: the principle protects the defendant from repeated trials.
• Possibility of evaluating the same fact in different contexts: the judge can consider the fact as having occurred differently.
• Clarity in procedures: the judgment reduces legal uncertainty in cases of multiple defendants for the same crime.

Conclusions

In conclusion, judgment No. 21882 of 2023 underscores the importance of the 'Ne Bis In Idem' principle in ensuring a fair trial and protecting the defendant's rights. At the same time, it offers a clear distinction between the rights of those who have already been judged and those of new defendants, thus allowing for the equitable administration of justice. It is crucial that both legal professionals and citizens fully understand these dynamics to ensure the correct application of the law.