Commentary on Judgment No. 28659 of 2024: Inadmissibility of the Appeal Act without Declaration of Domicile

The recent judgment No. 28659 of March 7, 2024, filed on July 17, 2024, issued by the Court of Cassation, offers an important reflection on the methods of filing appeal documents, particularly regarding the obligation to indicate a domicile for the receipt of legal communications. The case in question revolves around the defendant L. V., whose appeal was declared inadmissible due to the lack of the necessary declaration of domicile, raising questions about the correct application of procedural rules.

The Regulatory Framework

The central issue of the judgment is based on Article 581, paragraph 1-ter, of the Code of Criminal Procedure, which establishes the obligation to indicate a domicile at which to receive communications when filing an appeal document. This provision aims to ensure that parties can be promptly informed of the various stages of the proceedings, avoiding situations of uncertainty and guaranteeing the right to defense.

The Ruling's Headnote

Appeal document lacking declaration or election of domicile - Inadmissibility - Subsequent filing, within the time limit, of a further appeal document with the declaration or election of domicile - Relevance - Exclusion. Reasons. In matters of appeals, an appeal document lacking the declaration or election of domicile is inadmissible even if, pending the appeal period, a further appeal document is filed with the declaration or election of domicile attached, the latter being a mere repetition of the original, aimed, through the indicated attachment, at evading the "ratio" of the provision of Article 581, paragraph 1-ter, of the Code of Criminal Procedure.

This headnote clarifies that even if a new appeal document is filed with the declaration of domicile, this cannot remedy the lack in the first document. The Court thus highlighted the importance of formality and timeliness in filing procedural documents.

Practical Implications of the Judgment

The implications of this judgment for legal practice are manifold:

• Compliance with Formalities: Lawyers must pay particular attention to respecting the formalities required by law for filing appeal documents.
• Timeliness: It is essential to file a complete and correct appeal document within the established deadlines, thus avoiding inadmissibility.
• Legal Awareness: Parties involved in the proceedings must be aware of the consequences arising from the lack of proper formalization of documents.

Conclusions

In conclusion, judgment No. 28659 of 2024 by the Court of Cassation represents an important precedent in appeal matters. It underscores not only the importance of formalities in criminal proceedings but also the need for a correct indication of domicile, in order to guarantee the right to defense and the transparency of legal communications. Lawyers and parties involved must therefore pay attention to these provisions to avoid unfavorable consequences in legal proceedings.