Commentary on Judgment No. 37100 of 2023: Obligation to Provide Reasoning in the Review of Precautionary Measures

Judgment No. 37100 of July 7, 2023, filed on September 11, 2023, offers an important reflection on the methods of appealing real precautionary measures, highlighting the duty of the review court to provide adequate reasoning in the event of specific criticisms regarding the "fumus commissi delicti" (likelihood of the commission of a crime). This ruling emphasizes a crucial aspect of criminal law: the guarantee of a fair trial, where the reasoning behind legal decisions can never be overlooked.

The Regulatory Context

As established by Article 325, paragraph 1, of the Code of Criminal Procedure, an appeal to the Court of Cassation can only be filed for a violation of law. The judgment in question clarifies that violations of law include not only incorrect applications of rules but also the absolute lack of reasoning and apparent reasoning. This implies that a preventive seizure order, if lacking adequate justification, can be appealed and annulled with referral.

Appeal of a preventive seizure order - Specific criticisms relating to the "fumus commissi delicti" - Obligation of the review court to provide adequate reasoning - Absolute lack of reasoning or apparent reasoning - Violation of law - Existence - Consequences.

The Importance of Reasoning

The Court, in its judgment, stressed that the review court must carefully examine the criticisms raised by the appellant regarding the "fumus commissi delicti," providing clear and detailed reasoning regarding the unfoundedness or superfluity of the arguments presented. The lack of such reasoning not only compromises the defendant's right to defense but constitutes a violation of law, which can lead to the annulment of the seizure order.

In summary, the consequences of inadequate reasoning are significant and can lead to a renewed evaluation of the precautionary situation by the court, with potential effects on individual liberties.

Conclusions

Judgment No. 37100 of 2023 represents an important step towards safeguarding the rights of defendants in the context of precautionary measures. It reaffirms the necessity of adequate reasoning by the courts, so that legal decisions are just and respectful of the principles of legality and justice. In a legal system, transparency and clarity of decisions must be priorities to ensure citizens' trust in justice.