Judgment no. 39498 of 2023: Analysis of the prohibition of 'bis in idem' in criminal matters

The principle of the prohibition of 'bis in idem' is fundamental in the Italian legal system, particularly in criminal matters. The recent judgment no. 39498 of June 7, 2023, issued by the Court of Cassation, offers important clarifications on this principle, highlighting the relationship between a dismissal order and a subsequent criminal conviction.

The 'ne bis in idem' principle

The prohibition of 'bis in idem' prevents a person from being tried for the same act twice. However, the judgment in question suggests that a dismissal order, issued pursuant to art. 131-bis of the criminal code, does not preclude the possibility of a conviction for the same act at a later time. This aspect is relevant because it clarifies that, although dismissal may seem like a closure of the case, it does not have preclusive effects on future criminal proceedings.

NE BIS IN IDEM - Judgment or criminal order of conviction - Previous dismissal order pursuant to art. 131-bis of the criminal code - Preclusion - Exclusion - Reasons. In the context of the prohibition of "bis in idem", the issuance of a judgment or a criminal order of conviction is not precluded by the existence, for the same act, of a previous dismissal order pursuant to art. 131-bis of the criminal code, as the latter is not a measure capable of execution or of achieving irrevocability.

The case of Mauro F. P.

In the judgment under review, the defendant M. F. P. had been the subject of a dismissal order for a specific act. However, the Court ruled that this dismissal did not prevent a subsequent criminal proceeding that led to a conviction. This is particularly significant in a legal context where the 'ne bis in idem' principle is often invoked to avoid duplications of trials. The Court referred to previous case law, highlighting consistency in its interpretation.

Implications of the judgment

The implications of this judgment are manifold. Firstly, it clarifies that dismissal is not equivalent to a finding of not guilty, but rather a decision not to proceed due to a lack of sufficient evidence. Furthermore, the 'ne bis in idem' principle should not be interpreted rigidly but must take into account the specific circumstances of each case. In this way, greater protection of justice is ensured, preventing serious offenses from going unpunished.

Conclusions

In conclusion, judgment no. 39498 of 2023 represents an important step in defining the 'ne bis in idem' principle in Italian criminal law. It emphasizes the importance of a flexible and contextualized reading of the rules, thus ensuring a balance between the right to defense and society's interest in the punishment of crimes. Legal professionals, as well as citizens, should pay attention to these jurisprudential developments to better understand their rights and duties within the criminal justice system.