Criminal prescription according to the Court of Cassation: analysis of judgment no. 25912 of 2021

The recent judgment no. 25912 of the Court of Cassation of July 7, 2021, has highlighted important aspects concerning the discipline of prescription in criminal matters, particularly in relation to serious offenses such as corruption and bid rigging. The Court carefully addressed the issue of confiscation for equivalent value, clarifying some critical points that deserve analysis.

The Judgment and the Legal Context

The Court examined the appeal filed by the Public Prosecutor General, highlighting how the judgment of the Court of Appeal of Milan had erroneously excluded the possibility of applying confiscation for equivalent value against E.S., stating that the offense had become time-barred due to prescription. This decision contrasts with the principles established by the United Sections of the Court of Cassation, which state that confiscation for equivalent value can be ordered even in cases of prescription, provided that the legal requirements are met.

The appealed judgment created confusion regarding the application of confiscation for equivalent value, which is fundamental for combating corruption and bid rigging offenses.

Implications of Prescription

A crucial aspect that emerged from the decision concerns the prescription of aggravated corruption and bid rigging offenses, for which the Court established that the prescription period had not been calculated correctly. In fact, the Court reiterated the importance of considering specific aggravating circumstances, such as those related to Article 7 of Law no. 203 of 1991, for the calculation of the prescription period.

• The prescription of corruption offenses can be interrupted by investigative acts.
• The correct application of aggravating circumstances is essential for the calculation of prescription.
• Confiscation for equivalent value must be assessed independently of the extinction of the offense due to prescription.

Conclusions

Judgment no. 25912 of the Court of Cassation clarifies several aspects of the discipline of criminal prescription and the applicability of confiscation for equivalent value. It is essential for lawyers and legal professionals to keep these principles in mind, not only for the correct application of the law but also for a more effective fight against corruption and fraud in public tenders. The Court's interpretation represents an important step towards a fairer and more rigorous justice system.