Judgment No. 4163 of 2024: The Appointment of Two Lawyers for the Civil Party and Its Consequences

The recent judgment No. 4163 of November 21, 2024, issued by the Court of Cassation, offers important food for thought regarding the appointment of two lawyers by the civil party in a criminal proceeding. The main issue addressed by the Court concerns the validity of such an appointment, considered in contrast with the provisions of Article 100 of the Code of Criminal Procedure (C.P.P.). In this article, we will analyze the meaning and implications of this judgment, clarifying the content of the formulated maxim and the relevant regulatory context.

The Legal Case

The Court of Cassation, with its decision, rejected the appeal of the civil party who contested the appointment of two lawyers. The Court emphasized that, although the appointment of two lawyers violates Article 100 C.P.P., such a violation does not lead to the nullity of the act, as the law does not expressly provide for such a sanction. Therefore, the appointment of the second lawyer is ineffective, but it does not invalidate the intervention of the first lawyer.

Civil party assisted by two lawyers - Nullity - Exclusion - Reasons. The appointment, by the civil party, of two lawyers, made in violation of the provisions of Article 100 of the Code of Criminal Procedure, is not a cause for any nullity, as it is not expressly provided for by law, but it determines the mere ineffectiveness of the appointment of the second lawyer.

Reflections on the Maxim and Practical Implications

The maxim enunciated by the Court of Cassation clarifies a fundamental aspect of criminal procedural law: the need to comply with regulatory provisions regarding legal representation. The choice to appoint multiple lawyers, although it does not lead to nullity, can generate confusion and inefficiency in the proceedings. Here are some practical considerations:

• The civil party must be aware of the rules governing their legal representation.
• The appointment of two lawyers could lead to conflicts in strategy and communication.
• The effectiveness of the defense is still guaranteed by the first lawyer, but the second will have no legal power.

Conclusions

In conclusion, judgment No. 4163 of 2024 represents an important clarification on the issue of appointing lawyers for the civil party. It emphasizes the importance of following regulatory requirements to ensure the effectiveness of the defense and the correctness of the proceedings. Legal professionals and involved parties must pay attention to such details to avoid future problems and ensure a smooth and effective legal procedure.