Commentary on Judgment No. 27134 of 2023: Inadmissibility of Rescission of Judgment

Judgment No. 27134 of May 18, 2023, represents a significant intervention by the Court of Cassation on the subject of extraordinary appeals. Specifically, the focus is on the rescission of judgment under Article 629-bis of the Code of Criminal Procedure, and on the issue of the nullity of the declaration of absence, already addressed in the merits phase. This ruling offers significant insights for a better understanding of the limits and prerequisites of this form of appeal.

The Legal Context of Rescission of Judgment

Rescission of judgment is an extraordinary means of appeal, designed to remove the effects of final decisions when violations of the defendant's participatory rights emerge. However, as clarified by the Court, the request for rescission becomes inadmissible if the issues of nullity have already been examined and dismissed by the merits judge. This principle is based on the idea that a concluded proceeding cannot be reopened without valid justification.

The Ruling's Headnote

A request for rescission of judgment under Article 629-bis of the Code of Criminal Procedure is inadmissible if the issues of nullity relating to the declaration of absence have been submitted to, examined, and dismissed by the merits judge, and, in the absence of a Cassation appeal, have become final. (In its reasoning, the Court clarified that this is an extraordinary means of appeal, aimed at overturning the judgment in the face of an ascertained violation of the defendant's participatory rights in the proceedings, and therefore, cannot be used where the situations alleged to support the lack of knowledge of the proceedings have already been submitted to the merits judgment).

Practical Implications and Legal References

The judgment reiterates the importance of respecting the rights of participation in proceedings and the need to address substantive issues during the trial phase. The relevant provisions, such as Article 629-bis and Article 420-bis of the Code of Criminal Procedure, as well as previous case law, clearly indicate that issues already addressed cannot be reopened without a valid reason. The practical implications are significant, as this jurisprudential trend protects legal certainty and the stability of judgments, preventing excessive recourse to appeal mechanisms.

• Regarding issues of nullity, it is crucial for lawyers to be aware of the limitations imposed by the Court.
• A Cassation appeal must be filed if such decisions are to be validly contested.
• The defendant's right to participate must always be guaranteed, but only if it has not already been addressed in the merits phase.

Conclusions

In conclusion, judgment No. 27134 of 2023 clarifies the boundaries of rescission of judgment, emphasizing the importance of respecting the proceedings and the defendant's rights. It is an important step towards protecting legal certainty, reducing the risk of abuse in the judicial system. Legal professionals must therefore pay attention to these guidelines to ensure proper management of appeals and effective defense for their clients.