Order of Dismissal for Insignificance of the Fact: Reflections on Judgment No. 36468 of 2023

Judgment No. 36468 of May 31, 2023, filed on August 31, 2023, offers an important insight for reflecting on the appealability of orders of dismissal for the particular insignificance of the fact. In particular, the Court of Cassation reiterated that such orders, although not in the form of a judgment, possess a decisive character and can definitively influence the legal situations of the investigated parties.

The Regulatory Framework

According to Article 411, paragraph 1-bis, of the Code of Criminal Procedure, an order of dismissal may be issued by the preliminary investigation judge (GIP) when the particular insignificance of the fact is recognized. This provision has been the subject of significant jurisprudential interpretations, particularly regarding the possibility of appeal. The judgment in question clarifies that, as a decision affecting subjective rights, the order of dismissal is subject to appeal to the Court of Cassation.

The Ruling of the Judgment

Order of dismissal for particular insignificance of the fact - Appeal to the Court of Cassation - Admissibility - Existence - Reasons. The order of dismissal for particular insignificance of the fact issued, pursuant to Article 411, paragraph 1-bis, of the Code of Criminal Procedure, following the opposition of the investigated party, is appealable to the Court of Cassation for violation of law, pursuant to Article 111, seventh paragraph, of the Constitution. (In its reasoning, the Court specified that such an order, while not having the form of a judgment, has a decisive character and the capacity to definitively affect situations of subjective right, and therefore, since no other means of appeal is provided, it is subject to appeal to the Court of Cassation).

This ruling represents an important clarification for lawyers and investigated parties, as it establishes that orders of dismissal, while not equivalent to judgments, nevertheless have a legal effect such as to justify an appeal. This aspect is crucial to ensure adequate protection of the rights of the investigated parties and to prevent injustices arising from decisions that, although not strictly final, can have substantial effects.

Practical Implications

• Clarification of the right of appeal: The judgment strengthens the right of investigated parties to challenge the GIP's decisions.
• Strengthening of legal protection: The order of dismissal is now considered a decisive act, allowing for judicial review.
• Possible future developments: The ruling could influence further jurisprudential interpretations regarding the insignificance of the fact and related dismissals.

The Court, therefore, not only clarifies the normative position but also emphasizes the importance of the correct application of the law, in line with the principles of legality and justice.

Conclusions

In summary, judgment No. 36468 of 2023 represents a significant step towards greater protection of the rights of investigated parties in the context of orders of dismissal. Its decisive nature and the possibility of appeal highlight the importance of ensuring adequate judicial review of decisions that can have a lasting impact on the lives of the individuals involved. It is essential that lawyers and investigated parties are aware of these possibilities in order to effectively exercise their rights.