Revocation of Counsel and Right to New Grounds: Reflections on Judgment No. 24690 of 2022

The recent judgment of the Court of Cassation No. 24690 of 2022 offers important food for thought for legal professionals and defendants, regarding the revocation of counsel and the possibility of presenting new grounds during the cassation proceedings. This jurisprudential intervention clarifies certain crucial aspects of criminal procedure, highlighting the rights of defendants and the methods for exercising defense.

Context of the Judgment

The Court, presided over by A. Tardio and with L. F. A. Mancuso as rapporteur, examined the case of S. N., a defendant in criminal proceedings. In particular, the central issue concerned whether the revocation of the counsel who had filed the appeal could prevent a new counsel, appointed subsequently, from filing new grounds. The Court ruled that this right exists, provided that the deadlines set forth in Articles 585, paragraph 4, and 611, paragraph 1, of the Code of Criminal Procedure are respected.

The Holding of the Judgment

Cassation proceedings - Revocation of counsel - Appointment of new counsel before the hearing - Right to submit new grounds - Existence. In matters of cassation proceedings, the revocation of the counsel who filed the appeal does not preclude the new counsel, subsequently appointed by the defendant, from filing new grounds within the deadlines referred to in Articles 585, paragraph 4, and 611, paragraph 1, of the Code of Criminal Procedure.

This holding highlights a fundamental principle: the protection of the defendant's right to defense, who must be able to rely on adequate legal representation and the opportunity to present new arguments that may influence the outcome of the trial. The Court, therefore, not only recognizes the right to revoke counsel but also reaffirms the possibility of active intervention in the cassation phase, thus ensuring an effective defense.

Practical Implications

The implications of this judgment are manifold. Here are some key points to consider:

• The possibility of changing counsel: defendants have the right to change their legal representative even during the cassation phase, without prejudice to their position.
• The submission of new grounds: the new counsel can file grounds that were not previously considered, thereby strengthening the defense strategy.
• The deadline for submission: it is crucial to respect the deadlines set by the cited articles, so as not to compromise the validity of the submitted grounds.

These considerations emphasize the need for a careful and responsive defense, capable of adapting to the evolving stages of the proceedings.

Conclusions

Judgment No. 24690 of 2022 represents a significant step forward in the protection of defendants' rights within the Italian criminal justice system. The Court of Cassation, with this decision, underscores the importance of defense in criminal proceedings and ensures that, even in situations of changing counsel, the right to submit new grounds is protected. Lawyers and defendants must be aware of these possibilities in order to best exercise their rights and ensure a fair trial.