Commentary on Judgment No. 1792 of 2024: Suspension of Proceedings and Change of Judge

Judgment No. 1792 of December 17, 2024, by the Court of Cassation addresses a highly relevant issue in criminal procedural law: the suspension of proceedings with probation in case of a change of judge. This ruling offers important insights for understanding the dynamics of criminal proceedings and the rights of defendants.

The Regulatory Context

Pursuant to Article 464-bis of the Code of Criminal Procedure, the suspension of proceedings with probation is a measure that allows the defendant to be enrolled in a rehabilitation program, thus avoiding a criminal conviction. However, the issue becomes complicated when a change of judge occurs, as in the case analyzed by the Court.

Specifically, the judgment clarifies that if the trial reverts to the phase preceding the opening of the hearing due to a change of judge, the defendant can legitimately request suspension even if they had not already done so before the replaced judge. This is a crucial aspect, as it removes a potential preclusion and safeguards the defendant's rights.

The Ruling's Maxim

Suspension of proceedings with probation - Change of judge - Formulation of the suspension request before the new declaration of opening of the hearing - Admissibility even if not previously requested from the replaced judge - Reasons. Regarding the suspension of proceedings with probation, the defendant, in the event that the trial regresses to the phase preceding the opening of the hearing due to a change in the physical person of the judge, can legitimately submit a request for suspension even if it has not already been made before the replaced judge, as the provision of art. 464-bis of the Code of Criminal Procedure, unlike that of art. 491, paragraph 1, of the Code of Criminal Procedure relating to preliminary issues, does not link any preclusion to the moment of the declaration of opening of the hearing "for the first time."

Practical Implications

This judgment has significant practical implications for lawyers and defendants. In particular, it highlights the need to:

• Be prepared to submit suspension requests at any stage of the proceedings, especially in case of significant changes such as a change of judge.
• Understand the differences between various procedural rules, particularly between art. 464-bis and art. 491 of the Code of Criminal Procedure.
• Recognize the rights of the defendant and the opportunities for rehabilitation through probation.

In summary, judgment No. 1792 of 2024 represents a step forward in protecting the rights of defendants, ensuring that they can avail themselves of the suspension of proceedings even in situations that, previously, might have appeared problematic.

Conclusions

In conclusion, the Court of Cassation, with judgment No. 1792 of 2024, has reaffirmed a fundamental principle: the right to defense and rehabilitation must not be hindered by procedural technicalities. This represents a guarantee for all defendants and an invitation to a broader reflection on the balance between justice and individual rights in our legal system.