Prescription and Postponement of the Hearing: Analysis of Judgment No. 15405 of 2023

Judgment No. 15405 of December 20, 2023, filed on April 15, 2024, addresses a crucial issue in criminal law: the effects of the postponement of the hearing at the request of the civil defendant and the implications on prescription. This case, involving the defendant G. G., provides important insights for professionals and citizens, clarifying the regulatory and jurisprudential framework governing such dynamics.

The Regulatory Context

The central issue concerns the postponement of the hearing and its relationship with prescription, governed by Articles 157 and 159 of the Penal Code. The Court of Cassation has established that the postponement of the hearing, requested by the civil defendant, does not automatically result in the suspension of the prescription period, especially when the defendant's defense merely refrains from opposing without expressing clear consent.

Postponement of the hearing requested by the civil defendant - Non-opposition of the defendant's lawyer - Suspension of the course of prescription - Exclusion. The postponement of the hearing requested by the civil defendant does not result in the suspension of the course of prescription, in cases where the defendant's defense, limiting itself to "no opposition," has not expressly consented to the request for deferral.

Implications of the Judgment

This judgment provides reflections on various aspects:

  • Legal Clarity: The Court emphasizes the importance of explicit consent from the defense to suspend prescription, avoiding ambiguities that could undermine the rights of the defendant.
  • Protection of the Defendant's Rights: The decision safeguards the right to defense, preventing the postponement of the hearing from being used as a tool to prolong the trial at the expense of prescription.
  • Jurisprudential References: The judgment fits within a jurisprudential line already established by previous rulings (such as rulings 7071/2014 and 9511/2022), confirming the consistency of the Court of Cassation's decisions on this matter.

Conclusions

In conclusion, Judgment No. 15405 of 2023 represents an important clarification in the field of prescription and postponement of the hearing. It not only reaffirms principles already established by jurisprudence but also provides significant protection for the rights of defendants, preventing them from suffering negative effects from unagreed postponements. This case underscores the importance of a careful and rigorous approach in the management of criminal proceedings, ensuring a balance between the demands of justice and individual rights.

Bianucci Law Firm