Analysis of Judgment No. 9716 of 2024: Suspension of Disciplinary Proceedings for Criminal Action

Judgment No. 9716 of April 10, 2024, issued by the Superior Council of the Judiciary (CSM), offers important clarifications on the discipline of judicial responsibility in relation to criminal action and disciplinary proceedings. In particular, the decision focuses on the suspension of the deadlines for disciplinary proceedings, clearly establishing the requirements necessary for such suspension.

The Regulatory Framework

The relevant legislation is represented by Article 15, paragraph 8, of Legislative Decree No. 109 of 2006, which provides that the deadlines for disciplinary proceedings are suspended in the event of criminal action being initiated. However, the judgment clarifies that this suspension is not automatic but requires an explicit measure by the Disciplinary Section of the CSM.

The Ruling's Maxim

having a declarative nature and retroactive effects to the date of the initiation of criminal action - which presupposes, as a common basis for both proceedings, the existence of the "same fact".

This maxim is crucial for understanding the meaning of the judgment. It emphasizes that the suspension of deadlines must not only be formally adopted but must also refer to a common fact that underlies both the criminal action and the disciplinary proceeding. In other words, without proof of the existence of the "same fact," the suspension cannot be considered valid.

Practical Implications

The implications of this judgment are significant for magistrates and the judicial system as a whole. Among the main considerations emerging from the judgment, we can highlight:

• The need for a clear definition of the facts underlying disciplinary and criminal proceedings.
• The active role of the CSM in ensuring that disciplinary proceedings are not unduly delayed by criminal action.
• The safeguarding of magistrates' rights, which must be protected in a fair process.

These aspects not only influence the conduct of magistrates but also public trust in the judicial system.

Conclusions

In summary, judgment No. 9716 of 2024 represents an important step in the regulation of disciplinary responsibility for magistrates. It clarifies that the suspension of disciplinary proceedings deadlines due to criminal action is subject to a CSM measure and the existence of the same fact. This approach aims to ensure greater consistency and transparency in proceedings, thereby protecting both the rights of magistrates and the integrity of the judicial system as a whole.