Comment on Judgment No. 30589 of 2024: New Developments on the Defendant's Absence in Criminal Proceedings

The recent judgment No. 30589, filed on July 25, 2024, by the Court of Cassation, offers an important reflection on the scope of the defendant's absence in criminal proceedings. In particular, the Court ruled on the application of Article 604, paragraph 5-bis, of the Code of Criminal Procedure, as amended by Legislative Decree No. 150 of 2022. This article stipulates that the nullity of proceedings held in the defendant's absence cannot be raised unless it is invoked in the appeal.

Meaning of the Judgment

The Court established that this rule applies exclusively if the declaration of the defendant's absence is subsequent to December 30, 2022. This clarification is of fundamental importance, as it defines the temporal limits within which the new legislation is effective and, consequently, the methods for appealing judgments.

Article 604, paragraph 5-bis, of the Code of Criminal Procedure, as amended by Legislative Decree No. 150 of 2022 – Scope of application - Indication. The provision of Article 604, paragraph 5-bis, of the Code of Criminal Procedure, as amended by Article 89, paragraph 1, of Legislative Decree of October 10, 2022, No. 150, in stating that the nullity related to the trial held in the absence of the defendant for lack of the prerequisites referred to in Article 420-bis, paragraphs 1, 2, and 3, of the Code of Criminal Procedure is remedied if it has not been raised in the appeal, applies only if the declaration of absence is subsequent to December 30, 2022.

Practical Implications

The practical implications of this judgment deserve careful analysis. Among the main considerations are:

• The need for lawyers to pay attention to the timing of the declaration of absence.
• The possibility of remedying the nullity only if it has not been promptly raised in the appeal.
• Increased rigor in managing absences during criminal proceedings.

In this regard, the Court appears to aim for greater legal certainty, reducing the possibilities for challenges after the conclusion of the proceedings.

Conclusions

In conclusion, judgment No. 30589 of 2024 represents an important step forward for the clarity and effectiveness of criminal proceedings. The amendment introduced by Article 604, paragraph 5-bis, introduces a safeguard criterion that, although restrictive, aims to ensure the regularity of the proceedings and to avoid the interruption of justice processes already underway. Legal operators will therefore need to be prepared to adapt to these new provisions to ensure adequate and timely defense.