Judgment no. 22963 of 2023 and the procedure for irrelevance of the fact in juvenile law
Judgment no. 22963 of 2023, issued by the Juvenile Court, stands out for its relevance in the field of juvenile law, addressing the issue of early termination of proceedings and the importance of respecting procedural rules, particularly Article 127 of the Code of Criminal Procedure. This article is fundamental as it establishes the procedures by which the judge must intervene in such cases, highlighting how respect for the adversarial principle is an indispensable element for ensuring a fair trial.
Content of the Judgment
The Court annulled without referral a decision by the Judge for Preliminary Investigations (GIP) of the Juvenile Court of Rome, which had declared a "no place to proceed" due to the irrelevance of the fact. This decision was deemed void because the participatory chamber procedure, as provided for by art. 127 c.p.p. for such situations, was not respected. In essence, the Court emphasized that a mere termination of proceedings is not sufficient; it must follow specific forms to ensure that all parties involved can exercise their rights.
Juvenile Court - Early termination of proceedings - No place to proceed for irrelevance of the fact - Observance of the provisions of art. 127 cod. proc. pen. - Mandatory - Case law. The judgment of no place to proceed for irrelevance of the fact concerning a minor must be issued by the judge for preliminary investigations with the participatory chamber procedure, in accordance with the provisions of art. 127 cod. proc. pen., and not "de plano". (Case in which the Court declared the nullity, for violation of the rules on the adversarial principle, of the decision not to proceed due to the irrelevance of the fact, noting that the consent given by the defendants to the termination of the trial based on the state of the evidence was not relevant for the correct formality of the procedure). (Conf.: no. 564 of 1992, Rv.192809-01).
Implications of the Judgment
This judgment has significant consequences for juvenile law and for how proceedings involving minors are managed. The rules on the adversarial principle are not mere formalities but fundamental guarantees to ensure that the rights of all defendants, and particularly minors, are protected. The Court clarified that, even in the presence of consent from the defendants to the termination of the trial, this does not exempt the judge from observing the prescribed procedures, highlighting a core principle of criminal law: respect for legality and the forms established by law.
- Recognition of the right to defense
- Obligation to follow specific procedures
- Assessment of the relevance of the fact
Conclusions
In conclusion, judgment no. 22963 of 2023 represents an important milestone in the landscape of juvenile law, reaffirming the importance of respecting procedures and the adversarial principle. It is crucial for legal professionals to pay attention to such pronouncements, as they directly influence the protection of minors' rights within the judicial system. The correct application of the rules, as highlighted by the Court, is essential to ensure that justice is not just an ideal but a concrete reality for all, especially for the most vulnerable.
