Judgment no. 44000 of 2024: The Importance of the Prohibition of 'Reformatio in Peius' in Criminal Appeals

The recent judgment no. 44000 of October 15, 2024, by the Court of Cassation has proven fundamental in clarifying certain critical aspects of criminal law, particularly regarding the prohibition of 'reformatio in peius'. This principle, which protects the defendant during the appeal phase, applies to all types of penalties and not just their overall amount.

The Principle of 'Reformatio in Peius'

The prohibition of 'reformatio in peius' is a fundamental guarantee of Italian criminal law, provided for by the Code of Criminal Procedure, Article 597. It establishes that the defendant's position cannot be worsened as a result of an appeal filed solely by them. This principle has been reiterated by the Court of Cassation, which has specified that the prohibition extends to all elements that contribute to the determination of the penalty.

• The judgment must correspond to a reduction of the penalty in case of partial acquittal.
• The prohibition does not apply if the penalty has already been set at the minimum statutory limit.
• The judge must consider the conduct as segments of a single criminal offense.

REFORMATIO IN PEIUS - Appeal by the defendant only - Unitary contestation of multiple conducts as segments of a single criminal offense - Acquittal on appeal for some of them - Corresponding reduction of the penalty - Obligation - Limits. In the appeal proceedings following an appeal by the defendant only, the prohibition of 'reformatio in peius' concerns not only the overall amount of the penalty but all the elements that contribute to its determination, so that a judgment that partially amends the first-instance judgment, acquitting the defendant for some of the conducts contested as segments of a single criminal offense, must correspondingly reduce the overall penalty imposed, provided it has not already been quantified at the minimum statutory limit.

Implications of the Judgment

The Court's decision has a significant impact on the management of criminal cases on appeal. It clarifies that if a defendant is acquitted for some conducts of a complex crime, the penalty must necessarily be reduced. This approach ensures adequate protection of the defendant's rights and promotes greater fairness in the judicial system.

Furthermore, the Court has referred to previous case law, such as judgment no. 51183 of 2019, to support its position, thus confirming a consolidated trend. This strengthens legal certainty and offers a clearer framework for lawyers and defendants facing appeals.

Conclusions

Ultimately, judgment no. 44000 of 2024 represents an important step in strengthening the principle of 'reformatio in peius' within Italian criminal law. It not only reaffirms the rights of the defendant in the appeal phase but also the importance of a fair and just legal system. Lawyers and legal professionals should take these indications into account to ensure adequate and informed defense in criminal proceedings.