Criminal Cassation no. 16411/2025: omission of notice to trusted counsel and absolute nullity in "paper-based" appeal proceedings
The Court of Cassation, with judgment no. 16411 of 2025, clarifies that the failure to notify the trusted counsel of the oral hearing of the appeal, requested by another party, leads to absolute nullity pursuant to articles 178 and 179 of the Code of Criminal Procedure, regardless of the presence of the substitute pursuant to article 97, paragraph 4, of the Code of Criminal Procedure.
Paper-based proceedings and communication of the Public Prosecutor's conclusions: analysis of Cass. pen. Section II, judgment no. 15245/2025
The Court of Cassation, with judgment 15245/2025, clarifies that in the new paper-based proceedings following the Cartabia reform, the obligation to communicate the Public Prosecutor General's conclusions to the parties no longer exists: let's see why and what practical impacts this has for the defence and the prosecution.
Criminal Cassation, sentence no. 11582/2025: nullity for failure to communicate the Public Prosecutor's conclusions in the paper-based appeal proceedings
The Supreme Court returns to the Covid-19 emergency legislation: if the Public Prosecutor does not electronically transmit their conclusions to the defence counsel, the paper-based appeal is affected by intermediate nullity, which can be raised in cassation even after the filing of defence briefs.