Judgment No. 1061 of 2024: The Complaint-Based Prosecution Regime and the More Favourable Law

Judgment No. 1061, issued by the Court of Cassation on December 20, 2024, provides an important interpretation on the succession of laws in criminal matters, particularly regarding the prosecution regime for offences. The Court addresses a case concerning aggravated private violence, examining how legislative provisions apply in the context of a legislative change.

Context of the Judgment

The central issue of the judgment is as follows: what happens when, during criminal proceedings, there is a shift from a complaint-based prosecution regime to one of ex officio prosecution? This aspect is of fundamental importance for ensuring the rights of the accused and the fairness of the trial. The Court has established that, in such cases, the law most favourable to the offender must be applied, in accordance with Article 2, paragraph four, of the Criminal Code.

Offence for which, during the proceedings, a complaint-based prosecution regime is first introduced and then the ex officio prosecution regime is reinstated - Application of the more favourable law, pursuant to art. 2, paragraph four, of the Criminal Code - Existence - Reasons - Case law. In terms of succession of laws, if, during the proceedings, the complaint-based prosecution regime is introduced for the offence in question, and ex officio prosecution is subsequently reinstated, the law whose provisions are more favourable to the offender must be applied, pursuant to art. 2, paragraph four, of the Criminal Code, given the mixed, substantive and procedural, nature of the complaint. (Case concerning the crime of aggravated private violence pursuant to art. 416-bis.1 of the Criminal Code, committed before Legislative Decree of October 10, 2022, No. 150 excluded ex officio prosecution, and judged after the reintroduction of the previous regime by Law of May 24, 2023, No. 60).

Implications of the Decision

The decision of the Court of Cassation is of great significance not only for the specific case but also for jurisprudence in general. It clarifies that the nature of the complaint is mixed, substantive and procedural, and therefore its application must take into account the fundamental rights of the accused. The Court, by referring to Article 2 of the Criminal Code, emphasizes the importance of ensuring the application of the more favourable law, a principle that has deep roots also in European law.

• Importance of protecting the rights of the accused.
• Need for a favourable interpretation in cases of succession of laws.
• Implications for future cases of private violence and similar offences.

This principle is essential to ensure not only fair justice but also to prevent abuses by the criminal justice system, especially in situations where individuals' rights may be compromised by legislative changes.

Conclusions

In summary, judgment No. 1061 of 2024 by the Court of Cassation represents an important step forward in understanding the succession of laws in criminal matters. It reaffirms the principle of applying the more favourable law, protecting the rights of the accused and ensuring a fair trial. This case will undoubtedly serve as a reference for future legal decisions in this area, highlighting the importance of a legal system that respects and protects the fundamental rights of all citizens.