Judgment No. 14868 of 2024: Contradictory and Chamber Proceedings in the Covid-19 Era

Judgment No. 14868 of February 27, 2024, issued by the Court of Appeal of Catania, addresses a topic of crucial importance for contemporary criminal law: the violation of the right to contradict in a health emergency context. This decision, which falls within the framework of emergency regulation due to the Covid-19 pandemic, raises significant questions regarding the safeguarding of defendants' rights during trials.

Context of the Judgment and Chamber Proceedings

The case under examination concerns the appeal judgment, in which the defendant's lawyer, E. C., had made a timely and formal request for an oral hearing. However, the trial took place with a non-participatory chamber procedure, an aspect that led the Court to evaluate whether this procedural mode constituted a violation of the right to contradict.

The Court established that, in the presence of a request for an oral hearing, the conduct of the trial in written form and without the active participation of the parties results in a general nullity due to the violation of the right to contradict. This nullity is applicable under Articles 178, paragraph 1, letter c, and 180 of the Code of Criminal Procedure, and if not raised during the conclusions, it is subject to validation.

The Maxims of the Judgment

Emergency regulation due to Covid-19 - Timely and formal request for an oral hearing - Trial held with non-participatory chamber proceedings - Violation of the right to contradict - General nullity under intermediate regime - Configurability - Validation - Possibility - Conditions. In the context of appeal judgment, under the emergency regulation for containing the Covid-19 pandemic, where the defendant's lawyer has submitted a formal and timely request for an oral hearing, the conduct of the trial with non-participatory chamber proceedings results in a general nullity for violation of the right to contradict pursuant to Articles 178, paragraph 1, letter c, and 180 of the Code of Criminal Procedure, subject to validation if not raised during the formulation of the conclusions, as the first act of participation in the "paper" proceedings.

Implications of the Judgment

This judgment has important implications for the protection of defendants' rights in emergency situations. In a context where extraordinary measures have changed the ways trials are conducted, the safeguarding of the right to contradict remains a fundamental principle of criminal procedural law. The decision of the Court of Appeal of Catania reaffirms the necessity of ensuring effective and not just formal participation of defendants and their lawyers.

  • Recognition of the violation of the right to contradict as a general nullity.
  • Possibility of validation only if not raised during the conclusions.
  • Strengthening of defense rights during emergency periods.

Conclusions

In conclusion, judgment No. 14868 of 2024 represents an important reference point for Italian criminal law, highlighting how the protection of the fundamental rights of defendants must remain at the center of the process, even in extraordinary situations like those experienced during the pandemic. The Court's attention to the respect of the right to contradict demonstrates a commitment to ensuring a fair trial, reiterating that form can never prevail over the substantive rights of individuals.

Bianucci Law Firm