Implications of Judgment No. 17055 of 2024: Renewal of the Declaration of Residence

Judgment No. 17055 of March 19, 2024, filed on April 23, 2024, represents an important intervention by the Court of Cassation regarding the admissibility of criminal appeals. In this context, the Court reiterated the necessity for the declaration or election of residence, made for the notification of the first instance summons, to be renewed in subsequent appeals. This aspect is crucial to ensure the proper notification of acts and, consequently, the defendant's right to defense.

The Regulatory Context

The Court's ruling is based on Article 581, paragraph 1-ter, of the Code of Criminal Procedure, which establishes the obligation to renew the declaration of residence so that it can extend to the subsequent levels of the trial. The Court emphasized that this renewal must occur knowingly and simultaneously with the appeal, so that the defendant's intention is clear. This is particularly relevant if the defendant is in a situation of restricted freedom, such as being under house arrest.

ADMISSIBILITY AND INADMISSIBILITY - Art. 581, paragraph 1-ter, Code of Criminal Procedure - Necessity for the declaration or election of residence to follow the ruling of the contested judgment - Existence - Reasons - Case law. The declaration or election of residence made for the notification of the first instance summons, according to the new formulation of Art. 164 of the Code of Criminal Procedure, does not extend to subsequent levels since it is necessary, under the terms of Art. 581, paragraph 1-ter, of the Code of Criminal Procedure, under penalty of inadmissibility, that it be knowingly renewed, simultaneously with the appeal by private parties and defenders, the will of the defendant. (Case in which one of the appellants was under house arrest at the time of filing the appeal).

The Implications of the Judgment

The decision of the Court of Cassation has several practical implications:

  • Necessary Renewal: It is essential for lawyers to take note of this necessity to renew the declaration of residence to avoid the inadmissibility of appeals.
  • Defendant's Rights: The judgment highlights the importance of ensuring defense rights, even in situations of personal freedom restriction.
  • Procedural Clarity: The Court provides an important clarification on notification processes, contributing to greater legal certainty.

Conclusions

Judgment No. 17055 of 2024 by the Court of Cassation serves as a reminder of the need to follow rigorous procedures regarding appeals. Adequate compliance with the rules on the renewal of the declaration of residence is crucial to ensuring the admissibility of appeals and, ultimately, for the respect of the fundamental rights of the defendant. Legal practitioners must pay attention to these details to avoid compromising the defenses of their clients.

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