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Applicability of Article 131-bis c.p. in the Case of Evasion under Article 385 c.p.

In this legal article, we will examine a recent ruling by the Court of Appeals of Bari that has raised significant questions about the special leniency of the act and its applicability in cases of evasion under Article 385 of the Italian Penal Code.

Legal Context

The Court of Appeals of Bari overturned a judgment by the Bari Tribunal, acquitting a defendant previously convicted of evasion under Article 385 c.p. The rationale behind this decision was the special leniency of the act as provided for in Article 131-bis of the Italian Code of Criminal Procedure. This article states that an offense may be deemed non-punishable if the conduct is characterized by minimal offensiveness.

Legal Interpretation

The Court of Appeals of Bari based its decision on the well-established orientation of the Court of Cassation. The latter affirmed that Article 131-bis c.p.p. is applicable to the offense of evasion provided that the conduct, harm, and culpability are characterized by minimal offensiveness. In the specific case, it involved a minor who had left his residence for a few minutes during daylight hours, simply to make a phone call. Furthermore, the aggrieved party in the criminal proceedings had been acquitted, and the proceedings were referred to the Bari Public Prosecutor’s Office for further inquiries.

Implications and Legal Significance

This ruling raises important questions about the principle of “functional immunity” in the context of international relations. In particular, this decision underscored how Article 10, paragraph 1, of the Italian Constitution can support the precedence of this principle over national criminal jurisdiction. This means that individuals-organs of a foreign state acting within the scope of their public functions may be exempt from Italian criminal jurisdiction.

In conclusion, the Calipari case serves as a significant reference point in Italian jurisprudence concerning international law. This ruling highlights how principles of international law can influence national criminal jurisdiction, emphasizing the importance of “functional immunity” in state-to-state relations. For a comprehensive understanding of the legal implications in similar situations, it is essential to consult with an attorney experienced in international law.