Inadmissibility of the appeal to the Court of Cassation: commentary on Judgment No. 14636 of 2024

The recent Judgment of the Court of Cassation No. 14636 of February 14, 2024, has generated considerable interest for its ruling regarding the inadmissibility of the appeal for cassation filed by the defendant, G. P. The decision is based on important legal considerations, particularly Article 521 of the Code of Criminal Procedure, which regulates the cases of appeal.

Context and reasoning of the judgment

The Court of Appeal of Bologna, with the judgment of March 2, 2023, annulled the first-instance conviction for violation of Article 521 of the Code of Criminal Procedure, considering the existence of a fact different from that contested. In light of this ruling, the defendant filed an appeal for cassation, which was declared inadmissible by the Supreme Court.

ADMISSIBILITY AND INADMISSIBILITY - Judgment of annulment of the first-instance conviction for violation of Article 521 of the Code of Criminal Procedure - Appeal by the defendant - Admissibility - Exclusion - Reasons. The appeal for cassation filed by the defendant against the judgment in which the appellate judge, having found the existence of a fact different from that contested, annulled the first-instance conviction and forwarded the documents to the public prosecutor, is inadmissible for lack of interest, as such ruling does not cause any prejudice to the appellant who, following the annulment of the first decision, has broad and unaltered defense rights in the ongoing proceedings for the different offense.

The legal implications

The Court clarified that the annulment of the first-instance conviction does not prejudice the defendant, who has the right to defend themselves in the potential new proceedings for the different offense. This aspect is crucial, as it highlights how the defendant's interest in appealing has diminished at the moment the conviction was annulled and the facts were deemed uncontestable in the manner in which they were presented.

  • The appeal for cassation is inadmissible if there is no concrete prejudice to the appellant;
  • The appellate ruling that annuls the first-instance conviction allows the defendant to resume their defense;
  • The new proceedings may concern a different fact, amplifying the possibilities for defense.

Conclusions

Judgment No. 14636 of 2024 represents an important intervention by the jurisprudence regarding the inadmissibility of appeals for cassation, clarifying how the absence of prejudice to the defendant can justify such a declaration. This orientation is part of a broader legal context, where the protection of the rights of the defendant is always at the center of the debate. It is essential that lawyers and professionals in the field understand the implications of this judgment to provide adequate and informed defense to their clients.

Bianucci Law Firm