Judgment No. 16131 of 2024: The Importance of the Defendant's Presence in the First Instance Trial

The judgment No. 16131 of January 9, 2024, filed on April 17, 2024, offers an important reflection on the issue of the defendant's presence during the trial. In particular, the Court of Appeal of Salerno rejected an appeal, clarifying the conditions for the applicability of Article 585, paragraph 1-bis, of the Code of Criminal Procedure. This provision governs the opportunity to grant a longer time frame to communicate with the defense attorney in cases of the defendant's absence throughout the entire first instance trial.

Conditions for Applicability of Article 585, Paragraph 1-bis

According to the judgment in question, the provision of Article 585, paragraph 1-bis, applies only if the defendant has been declared absent and has not attended all hearings of the first instance. This specific requirement highlights the legislator's intention to ensure a fair trial, safeguarding the defendant's right to defense.

Article 585, paragraph 1-bis, of the Code of Criminal Procedure - Applicability - Conditions. In terms of appeals, the provision of Article 585, paragraph 1-bis, of the Code of Criminal Procedure, applies solely in the case where the defendant has been declared absent and has not appeared throughout the entire first instance trial. (In its reasoning, the Court specified that the "ratio" of the provision lies in the need to allow someone who has not participated in even one hearing a wider time frame to communicate regarding the possible appeal with the attorney who represented them in their absence).

Reflections on the Judgment

The Court rightly emphasized that the defendant's presence is essential to ensure a proper exercise of the right to defense. In fact, the defendant's absence during the trial not only limits their ability to defend themselves but may also compromise the fairness of the proceedings. In this context, the judgment aligns with the principles enshrined in the European Convention on Human Rights, which guarantees the right to a fair trial.

  • The defendant's presence as a fundamental right.
  • The crucial role of the defense attorney in the absence of the defendant.
  • The practical implications of the judgment for future criminal proceedings.

In conclusion, judgment No. 16131 of 2024 reaffirms the importance of the defendant's presence in criminal proceedings, highlighting how their absence can negatively impact the right to defense. This principle not only protects the defendant but also contributes to the legitimacy and fairness of the judicial system as a whole.

Conclusions

In summary, the decision of the Court of Appeal of Salerno represents a significant step in strengthening the rights of defendants within the criminal trial. Understanding the conditions for the applicability of Article 585, paragraph 1-bis, is fundamental for anyone operating in the field of law and for the defendants themselves, so they can fully exercise their right to defense.

Bianucci Law Firm