Commentary on Judgment No. 37981 of 2023: Plea Agreement and Nullity of Judgment in Paper Hearing

Judgment No. 37981 of July 12, 2023, filed on September 15, 2023, represents an important ruling by the Court of Cassation that addresses the issue of the nullity of judgments issued in paper hearings, particularly in the context of the plea agreement provided for by Article 599-bis of the Code of Criminal Procedure. This case, concerning the defendant M. R., offers significant insights for understanding the legal implications of judicial decisions made during the emergency phase of the Covid-19 pandemic.

The Regulatory Context and the Plea Agreement Discipline

The plea agreement under Article 599-bis of the Code of Criminal Procedure is a procedure that allows the defendant to propose an agreement with the public prosecutor, in order to obtain a reduced sentence or to avoid conviction. However, the judgment in question highlights that, if the plea agreement is rejected, it is necessary to grant an adjournment to allow the defendant to present a new agreement. The Court has established that, in the absence of such an adjournment, the judgment is affected by intermediate nullity.

The Court, referring to Articles 178 and 180 of the Code of Criminal Procedure, establishes that a judgment issued during a paper hearing, provided for by emergency legislation, is to be considered null and void. This is particularly significant in a period when judicial procedures were disrupted by the limitations imposed by the pandemic.

Consequences of the Judgment

• The ruling reiterates the importance of the right to defense: every defendant has the right to be heard and to present their arguments.
• The rejection of the plea agreement without an adjournment is considered a violation of procedural rules, compromising the fairness of the trial.
• The judgment establishes an important precedent for future cases, ensuring that decisions issued in emergency contexts respect the fundamental rights of defendants.

Plea agreement under Art. 599-bis of the Code of Criminal Procedure - Rejection - Paper hearing provided for by emergency legislation for the containment of the Covid-19 pandemic - Omission of adjournment - Consequences. Regarding a plea agreement with waiver of grounds for appeal, a judgment issued in a paper hearing provided for by emergency legislation for the containment of the Covid-19 pandemic, after the rejection of the plea agreement request and without an adjournment being granted to allow the defendant to propose a new agreement, is affected by intermediate nullity pursuant to Art. 178, paragraph 1, letter c), and Art. 180 of the Code of Criminal Procedure, if the appellant, in their written conclusions, requested the acceptance of the plea agreement on appeal, without also concluding on the merits, even if in the alternative, for the hypothesis of rejection of the agreement under Art. 599-bis of the Code of Criminal Procedure.

Conclusions

In conclusion, Judgment No. 37981 of 2023 offers important clarifications on the validity of decisions made in paper hearings during the pandemic. It underscores the importance of respecting procedural guarantees, particularly the right to defense, and establishes that the rejection of a plea agreement without an adequate adjournment can lead to significant consequences for the validity of the judgment. This ruling, therefore, not only has direct implications for the specific case but also represents an important reference point for future decisions in criminal matters.