Judgment No. 16480 of 2024: Admissibility of the Appeal and Right of Access to Judgment

The recent Judgment No. 16480 of the Court of Cassation, filed on April 19, 2024, is of great importance in the context of criminal law, as it clarifies fundamental aspects regarding the admissibility of the appeal act. In particular, the Court addresses the issue of the election of domicile and the right of access to judgment, highlighting how the rules must be interpreted in a perspective of safeguarding individuals' fundamental rights.

The Case and the Court's Decision

The case concerns the defendant M. M., who filed an appeal against a ruling of the Court of Appeal of Rome. The Court of Cassation annulled the contested ruling, emphasizing that the election of domicile, made before the pronouncement of the contested ruling, does not violate the provisions of Article 581, paragraph 1-ter, of the Code of Criminal Procedure. In particular, the Court established that the precise defensive allegation in the heading of the appeal act regarding the occurrence of the election of domicile at the trusted defender's office is admissible.

ADMISSIBILITY AND INADMISSIBILITY - Art. 581, paragraph 1-ter, code of criminal procedure - Election of domicile prior to the pronouncement of the contested ruling - Allegation in the heading of the appeal act - Admissibility - Reasons. The precise defensive allegation, in the heading of the appeal act, of the occurrence of the election of domicile, already made by the appellant at the trusted defender's office during the validation hearing of the arrest and recalled by the legal representative in fulfillment of the duty of loyal cooperation between the parties, for the purpose of citation in the second-degree judgment, does not violate the provisions of Article 581, paragraph 1-ter, code of criminal procedure. (In the motivation, the Court highlighted the constitutionally oriented reading given to the examined regulation, aimed at ensuring that "the right of access" to the appeal judgment is not unreasonably limited, as affirmed, moreover, by the ECHR, 28/10/2021, Succi and others v. Italy, in the assessment of the compatibility of regulatory restrictions with the right of access to a judge, as provided for in Article 6 of the Convention).

Implications for the Right of Access

The Court of Cassation has highlighted that respecting the right of access to the appeal judgment is a fundamental principle, in line with the provisions of the European Convention on Human Rights. This constitutionally oriented approach serves to ensure that regulatory limitations do not become an unreasonable obstacle to accessing justice. The Court's decision is part of a broader context of protecting human rights and access to justice, which is fundamental in a rule of law.

  • Recognition of the importance of loyal cooperation between the parties.
  • Clarification on the admissibility of the appeal act in the case of election of domicile.
  • Affirmation of the right of access to the appeal judgment as a fundamental principle.

Conclusions

Judgment No. 16480 of 2024 represents a significant step in Italian jurisprudence, as it clarifies the principles of admissibility of appeal acts and reaffirms the right of access to judgment. This contributes to creating a fairer and more accessible legal system, where citizens' rights are adequately protected. It is crucial for legal operators and citizens to be aware of these provisions and their rights within the criminal process.

Bianucci Law Firm