La procedibilità a querela secondo la c.d. riforma Cartabia. Una ricognizione delle novità normative e delle ricadute applicative

The Legislative Decree 10 October, no. 150, in accordance with guiding criteria of the Law 27 September 2021, no. 134 (so-called “Cartabia Reform”), expanded offences against persons and property of the Italian Penal Code prosecutable upon complaint. The extension, in combination with cause of extinction of the offence ex Art. 162-ter of the Italian Penal Code and the new hypotheses of tacit remission of the lawsuit, provided for by the reformed Art. 152 of the Italian Penal Code, aims to deflate the judicial burden. There are many problems that emerge, however, both on the level of the intertemporal regime and on that of the constitutional legitimacy of the new discipline.