Commentary on Judgment No. 17411 of 2023: Rights and Timelines in Combating Sports Violence

Judgment No. 17411 of March 30, 2023, issued by the Court of Cassation, offers important clarifications regarding the rights of recipients of measures issued by the Quaestor concerning violence during sporting events. This is a decision that touches upon fundamental issues related to the right to defense and the notification and validation deadlines for acts, useful for understanding how preventive measures operate in the context of public safety.

Context of the Judgment

The case concerned a measure issued by the Quaestor, which imposed the obligation to report to a police station on a subject accused of violent behavior during sporting events. The central issue was to establish the deadline within which the recipient of such a measure could examine the documents and submit defense statements. The Court ruled that the correct deadline is forty-eight hours from the notification of the measure itself.

Measures to combat violence during sports competitions - Quaestor's measure - Validation by the judge for preliminary investigations - Deadline for examining documents and submitting defense statements - Identification. The deadline within which the recipient of the Quaestor's measure, imposing the obligation to report to a police office or station, has the right to examine the documents and submit statements and submissions to the validation judge is only forty-eight hours from the notification of the act itself, and not also the twenty-four hours from the filing of the public prosecutor's request at the registry of the judge for preliminary investigations, unless the interested party documents that they were unable to access the documents, despite timely requests to the Quaestor and the public prosecutor, or that the judge's order justifies the validation using documentation additional to and different from that transmitted by the Quaestor.

Analysis of the Decision

The Court of Cassation, in its decision, rejected the appeal of the GIP of the Court of Turin, thus confirming the importance of ensuring a sufficiently long period for the exercise of the right to defense. This judgment aligns with the principles of justice and fairness, establishing that the recipient has the right to examine all relevant documents, without arbitrary limitations.

• Rights of the recipient: it is essential that the individual affected by restrictive measures can adequately exercise their right to defense.
• Timelines: the distinction between forty-eight hours from notification and twenty-four hours from the filing of the public prosecutor's request is crucial to avoid rights violations.
• Documentation: the possibility of submitting defense statements is based on timely access to the requested documents.

Conclusions

Judgment No. 17411 of 2023 represents a significant step in protecting citizens' rights in situations involving restrictive measures related to sporting events. It underscores the importance of ensuring a fair balance between public safety and the right to defense, a cornerstone principle of our legal system. It is essential that recipients of such measures are placed in a position to exercise their rights without delay, to ensure fair and transparent justice.