Inadmissibility of the appeal: ruling no. 15672 of 2024 and the new rules on electronic filing

Ruling no. 15672 of March 13, 2024, issued by the Court of Appeal of Campobasso, offers important insights into the formal requirements of appeals in the context of the transitional regime established by Legislative Decree no. 150 of 2022. This ruling, which declared an appeal for cassation inadmissible due to the lack of a digital signature, allows us to explore the implications of such provisions and their impact on daily legal practice.

The regulatory context: the transitional regime pursuant to art. 87-bis

With the entry into force of Legislative Decree no. 150 of 2022, the appeals system has undergone a significant evolution, particularly regarding the methods of filing documents. Article 87-bis establishes a transitional regime to facilitate the adaptation of legal practitioners to the new provisions. However, paragraph 7 of this article clearly emphasizes that the appeal must strictly adhere to the required criteria, including the necessity of a valid digital signature.

The ruling and its implications

Transitional regime pursuant to art. 87-bis, Legislative Decree no. 150 of 2022 - Appeal by the defense - Electronic filing - Lack of digital signature - Consequences - Inadmissibility - Case. Regarding appeals made during the transitional period referred to in art. 87-bis of Legislative Decree October 10, 2022, no. 150, the appeal proposed by the defense with a digital format document, transmitted via certified email, is inadmissible under paragraph 7 of the aforementioned article, due to the absence of the requisite digital signature of the same defense attorney. (Case concerning inadmissibility, declared by the Court of Appeal, of the appeal for cassation against the order rejecting the request for revision of the conviction).

The Court emphasized that the lack of a digital signature constitutes an inadmissible formal defect. This aspect highlights the importance of digitization in the legal process, while also shedding light on the pitfalls that can arise from the incorrect application of the new rules. Lawyers must be particularly vigilant in ensuring that every document is duly digitally signed, to avoid the inadmissibility of appeals.

Final considerations

Ruling no. 15672 of 2024 reminds us that, despite technological advancements, form remains a crucial element in procedural law. The transitional regime established by current legislation should not be viewed as an opportunity to lower the standards of vigilance, but rather as an invitation for greater attention and professionalism from legal practitioners. In an era where digitization is increasingly present, it is essential for lawyers to adapt to these new realities to ensure the validity and effectiveness of their legal actions.

Bianucci Law Firm