Analysis of Judgment No. 14955 of 14/02/2024: the Review and the Rescinding and Rescissory Phases

Judgment No. 14955 of February 14, 2024, issued by the Court of Appeal of Bari, offers important insights on criminal review, particularly regarding the unification of the rescinding and rescissory phases. This decision fits into a regulatory context that often presents interpretative and applicative difficulties, making clarification by the jurisprudence necessary.

The Regulatory Context and Phases of Criminal Review

Criminal review is a legal institution that allows for the reconsideration of a final conviction in the presence of new evidence that may affect the outcome of the trial. The relevant legislation is contained in the Code of Criminal Procedure, particularly in Articles 630 and following.

Traditionally, the review was divided into two distinct phases: the rescinding phase, which assessed the admissibility of the request, and the rescissory phase, which dealt with the evaluation of the merits and new evidence. However, the judgment in question clarified that these phases can be treated jointly, thus simplifying the procedure.

The Maxim of the Judgment and Its Meaning

Unification of the rescinding and rescissory judgments - Hearing pursuant to Article 636 of the Code of Criminal Procedure - Dual evaluation - Legitimacy - Case. In terms of review, the rescissory phase, under the current regulatory framework, does not necessarily have to be distinct from the rescinding phase, as the Court of Appeal may proceed, at the hearing set pursuant to Article 636 of the Code of Criminal Procedure, to evaluate the admissibility requirements of the request under Article 630 of the Code of Criminal Procedure together with the evaluation of new evidence for the purposes of the decision on the merits, pursuant to Article 637 of the Code of Criminal Procedure. (Case in which the Court considered the decision to revoke the conviction, made with the acquisition of a document deemed decisive, to be immune from criticism, directly in the rescinding phase, not preceded by the admissibility assessment of the rescissory phase).

This maxim highlights a paradigm shift in the management of review requests. In fact, the Court deemed it legitimate to proceed with the evaluation of the merits and admissibility simultaneously when there is decisive new evidence. This approach, in addition to simplifying the process, ensures greater speed in justice, an increasingly sought-after objective in our legal system.

Implications of the Judgment and Conclusions

The decision of the Court of Appeal of Bari represents a significant step forward in Italian criminal law. It not only clarifies the procedures for conducting review hearings but also offers an important point of reflection on the need for continuous evolution of our legal system. The implications of this judgment could influence not only future review cases but also the way in which courts address the issue of new evidence in general.

In conclusion, judgment No. 14955 of 2024 is a fundamental piece in the construction of a fairer and more accessible justice system that takes into account the needs for speed and correctness in the evaluation of review requests.

Bianucci Law Firm