Judgment No. 38772 of 2023: The Right to Attend Hearings and Nullity of Hearings

The recent judgment No. 38772 of June 23, 2023, filed on September 22, 2023, has attracted the attention of jurists and legal practitioners for its clear emphasis on the defendant's right to participate in the chamber appeal proceedings concerning personal precautionary measures. The decision highlights a crucial aspect of criminal proceedings: a detained suspect or defendant has the right to be present during the hearing, and their absence can lead to the nullity of the hearing itself.

The Right to Attend Hearings

The Court affirmed that in chamber appeal proceedings against precautionary measures, the interested party's right to appear at the hearing is fundamental. Specifically, the judgment states that

A detained or interned suspect or defendant – Right to attend the chamber hearing – Existence – Failure to translate or participate remotely – Absolute and incurable nullity of the hearing and the concluding order – Existence – Loss of effectiveness of the measure – Exclusion. In chamber appeal proceedings against personal precautionary measures, the interested party has the right to appear at the hearing; therefore, the failure to translate or the failure of a detained or interned suspect or defendant to participate remotely – even from a location outside the judge's jurisdiction – who has timely requested to attend in the appeal document, results in the absolute and incurable nullity of the hearing and the concluding order, without, however, leading to the ineffectiveness of the precautionary measure adopted.

Implications of the Judgment

This ruling carries significant weight for the respect of defendants' fundamental rights. The Court clarified that the failure to translate or the defendant's remote participation, if they had requested to attend, leads to a nullity that cannot be remedied. This means that any hearing held without the defendant's presence, as provided for by Article 309 of the New Code of Criminal Procedure, is considered null and void and produces no legal effects.

• The right to defense is a cornerstone principle of our legal system.
• The defendant's presence is fundamental to ensuring a fair and just trial.
• Precautionary measures do not lose their effectiveness, but the hearing is deemed invalidated.

Conclusions

In conclusion, judgment No. 38772 of 2023 reiterates the importance of the defendant's right to participate in criminal proceedings. This case represents a significant step towards the protection of individual rights, highlighting that the respect for the principles of justice cannot be compromised. It is essential for lawyers and legal practitioners to always be vigilant in ensuring that their clients' rights are respected at every stage of the proceedings.