Judgment no. 3063 of 2024: Notification to the domiciliating lawyer for defendants detained abroad
The recent judgment no. 3063 of November 5, 2024, filed on January 27, 2025, offers important clarifications on the procedure for notifying the summons to trial decree for defendants detained abroad. This issue is of significant importance in the context of criminal law, as proper notification is fundamental to ensuring the defendant's right to defense.
Regulatory context
The Court of Appeal of Milan, with its decision, confirmed that the notification of the summons to trial decree can be made not only to the defendant in person but also through their domiciliating lawyer. This approach is in line with Article 169 of the Code of Criminal Procedure, which lays down specific rules for notification to defendants detained abroad.
- Art. 156 c.p.p.: General rule on personal notification.
- Art. 169 c.p.p.: Derogatory discipline for notification to detained defendants.
- Previous judgments: References to case law supporting this interpretation.
The ruling's maxim
Defendant detained abroad - Personal notification of the summons to trial decree - Necessity - Exclusion - Delivery to the domiciliating lawyer - Legitimacy - Reasons. The notification of the summons to trial decree for a defendant detained abroad, made by delivery to the domiciliating lawyer instead of personally, is legitimate, as in this case, the specific discipline provided by art. 169 of the Code of Criminal Procedure applies, which is derogatory to that of art. 156 of the Code of Criminal Procedure.
This maxim highlights the importance of a notification procedure that respects the defendant's rights, even when they are abroad. The Court's choice to accept notification to the domiciliating lawyer is based on the need to ensure proper communication of procedural events, without compromising the right to defense.
Conclusions
In conclusion, judgment no. 3063 of 2024 represents a significant step in protecting the rights of defendants detained abroad. The legitimacy of notification through the domiciliating lawyer underscores how the Italian legal system adapts to the needs of an increasingly globalized context, while ensuring compliance with rules and fundamental rights. It is essential that legal professionals, whether lawyers or magistrates, take these provisions into account to ensure a fair and just trial.
