Inadmissibility of the Appeal: Analysis of Judgment No. 49351 of 2023

The recent judgment No. 49351 of September 6, 2023, issued by the Court of Freedom of Naples, provides important reflections on appeals in criminal proceedings. In particular, the Court declared inadmissible the appeal brought by the lawyer of an arrested individual, whose appointment was made at the request of a close relative. This case raises significant questions regarding the nature of the appeal and the overlap of wills in the context of criminal law.

The Analyzed Case

In the case at hand, the defendant, M. D. L., had his lawyer appointed by a close family member. However, subsequently, the defendant explicitly disavowed this appointment. The Court held that, in such circumstances, the appeal cannot be considered admissible, as the will of the directly interested party must prevail over that of their relatives.

Appeals - Lawyer appointed by a close relative of the arrested or detained individual - Disavowal by the defendant - Inadmissibility - Reasons - Case law. The appeal brought by the lawyer appointed pursuant to Article 96, paragraph 3, of the Code of Criminal Procedure and subsequently disavowed, in an explicit manner, by the person arrested, detained, or in precautionary custody, is inadmissible, as the will of close relatives cannot overlap with that of the directly interested party. (Case law regarding a request for review against a precautionary order).

The Implications of the Judgment

This judgment has important practical consequences, as it clearly establishes that the will of the defendant cannot be replaced or ignored by that of the family members. The reference norm, Article 96, paragraph 3, of the Code of Criminal Procedure, already highlights this distinction, but the judgment in question provides a decisive interpretation, reiterating the principle that the defendant is the only person authorized to decide on their defense and legal course.

  • The defense must be expressly authorized by the defendant to be considered valid.
  • The disavowal of the lawyer's appointment must be clear and unequivocal.
  • The will of close relatives cannot prevail over that of the defendant.

Conclusions

In summary, judgment No. 49351 of 2023 represents an important affirmation of principle in Italian criminal law, clarifying the limits of appeals and emphasizing the importance of the defendant's will. This decision not only strengthens the rights of individuals in criminal proceedings but also helps to better define the role of the defense and the legitimacy of actions taken on behalf of the defendant. It is essential that legal practitioners consider these aspects to ensure the proper application of justice.

Bianucci Law Firm