Analysis of Judgment No. 33221 of 2024: Nullity and Abnormal Acts in Criminal Proceedings

The recent judgment No. 33221 of June 5, 2024, filed on August 28, 2024, offers a significant interpretation on issues related to the nullity of acts in the criminal context. In particular, the preliminary hearing judge had to decide on the matter of the omission of notification of the notice of conclusion of preliminary investigations to the defendant, a crucial issue for the guarantee of defense rights.

Context of the Judgment

In the case at hand, the Preliminary Hearing Judge of Naples North declared the request for nullity due to omitted notification inadmissible, considering that the situation could not be deemed abnormal. According to the Court, the order to transmit the case files to the public prosecutor for the renewal of the notification is in compliance with the legal system and does not cause the proceedings to stall, thus maintaining the continuity of the process.

Preliminary Hearing Judge - Erroneous declaration of nullity for omitted notification to the defendant of the notice of conclusion of preliminary investigations - Return of case files to the public prosecutor - Abnormal act - Exclusion - Reasons. The order by which the preliminary hearing judge, having noted the nullity of the notification to the defendant of the notice of conclusion of preliminary investigations, even if duly executed, orders the transmission of the case files to the public prosecutor for the renewal of the notification, is not abnormal. This is because it is an order that does not cause the proceedings to stall and is not detached from the system, constituting an expression of a power recognized by the legal system.

Legal Implications of the Judgment

Judgment No. 33221 aligns with a consolidated case law trend that recognizes the possibility of renewing notification even in the presence of an erroneous declaration of nullity. This approach is based on a series of articles of the New Code of Criminal Procedure, in particular:

• Article 415 bis: governs the procedures for the notice of conclusion of investigations;
• Article 416: establishes the importance of notification for the right to defense;
• Article 568: concerns nullities and irregularities of acts.

These articles emphasize the importance of procedural regularity and the protection of defendants' rights, allowing the legal system to remain flexible and responsive to potential irregularities.

Conclusions

In conclusion, judgment No. 33221 of 2024 represents a significant step in clarifying the procedures related to the notification of acts in criminal proceedings. The decision of the Preliminary Hearing Judge of Naples North not to consider the transmission of case files to the public prosecutor for the renewal of notification as abnormal highlights the importance of a pragmatic approach focused on the continuity of the process. This orientation reflects a balance between strict adherence to the rules and the need to ensure a fair trial, contributing to the safeguarding of defendants' rights.