Partial Waiver by the Defender and Appeals: Commentary on Judgment No. 17308 of 2024

Judgment No. 17308 of January 30, 2024, by the Court of Cassation represents an important reflection on the partial waiver of appeal, a crucial theme in criminal law. In this article, we will analyze the key points of the decision, highlighting the practical implications for defenders and their clients.

The Content of the Judgment

In this case, the Court declared the annulment with referral of a ruling by the Court of Appeal of Catania, emphasizing that the partial waiver of appeal must be considered a formal and personal act. The Court underlined that such a waiver cannot be interpreted as a mere expression of the technical discretion of the defender. This aspect is fundamental, as it implies that the waiver must be explicitly expressed and cannot be implicitly deduced.

Partial waiver by the defender - Formalities - Indication - Implicit waiver of grounds for appeal - Admissibility - Exclusion - Reasons - Case. The waiver, even if partial, of the appeal constitutes an act of abdication of already acquired rights, formal and personal, and is not instead an expression of the technical discretion inherent to the defense mandate, so it cannot be considered implicit in the selection of grounds for appeal made in the concluding requests by the defender not equipped with special power of attorney. (Case related to the failure to reintroduce, in the conclusions submitted electronically, the grounds for appeal regarding the legal qualification of the act and the failure to acknowledge the conditional suspension of the sentence).

The Implications of the Decision

This decision establishes an important distinction regarding the partial waiver: it must always be supported by a special power of attorney. This means that defenders must pay particular attention when deciding to waive certain grounds for appeal, considering that an unexpressed waiver could result in the abdication of already acquired rights. The practical implications of this judgment can be summarized in the following points:

  • Need for a special power of attorney for the partial waiver;
  • Clarity in the communication of waivers by the defender;
  • Risk of abdication of rights if the correct procedure is not followed.

Conclusions

Judgment No. 17308 of 2024 represents a fundamental clarification regarding the partial waiver of appeal, reaffirming the importance of formality and the necessity of a special power of attorney. For defenders, it is essential to carefully consider these aspects to protect the rights of their clients and ensure the proper conduct of the criminal process. In conclusion, each waiver must be evaluated with care to avoid undesirable consequences and ensure effective and informed defense.

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