Commentary on Judgment No. 44502 of 2024: New Registrations for Continuing Offences

Judgment No. 44502 of 15 November 2024, issued by the Court of Cassation, offers important clarifications on the management of preliminary investigations concerning continuing offences. In particular, the Court has established that, if new elements emerge attesting to the continuation of the criminal conduct after the expiry of the term provided for by Article 405 of the Code of Criminal Procedure, the public prosecutor is entitled to make a new registration against the same suspect.

The Regulatory Context

The issue addressed by the judgment falls within the scope of preliminary investigations and their closure. Article 405 of the Code of Criminal Procedure establishes a deadline for the conclusion of investigations; however, in the case of continuing offences, the unlawful conduct can continue over time. This raises questions about the possibility of taking action in the event of new evidence. The Court, confirming the legitimacy of a new registration, clarifies that there are no limits to the usability of elements that emerged before such registration.

Impact of the Judgment

This judgment has several practical implications:

• Recognition of the continuing nature of certain offences, which allows for greater flexibility in managing investigations.
• The possibility for the public prosecutor to reopen cases that seemed closed, thus ensuring greater justice for victims.
• Strengthening of the principle of legality and the need for an adequate criminal response to unlawful conduct prolonged over time.

Continuing offence - Expiry of the term under Art. 405 of the Code of Criminal Procedure - Continuation of conduct - New registration against the same suspect - Legitimacy - Consequences. If, during preliminary investigations concerning a continuing offence, new elements emerge attesting to the continuation of the conduct after the expiry of the term provided for by Art. 405 of the Code of Criminal Procedure, the public prosecutor may legitimately proceed with a new registration against the same suspect, without any limit to the usability of the elements that emerged before such registration in relation to the segment of the continuing offence to which they refer.

Conclusions

In conclusion, judgment No. 44502 of 2024 represents a significant step forward in Italian jurisprudence concerning continuing offences. The possibility of new registrations by the public prosecutor, in the presence of new elements, not only ensures a more flexible and just approach to prolonged offences but also offers greater protection to victims. It is essential that legal practitioners consider these indications to ensure the correct application of the law.