Analysis of Judgment No. 50426 of 26/10/2023: The Non-appealability for Cassation under Article 420-quater of the Criminal Procedure Code

Judgment No. 50426 of October 26, 2023, filed on December 18, 2023, represents an important ruling by the Court of Cassation regarding appeals in criminal proceedings. In particular, the Court addresses the issue of the non-appealability for cassation of the ruling of non-proceeding under Article 420-quater of the Criminal Procedure Code due to the defendant's lack of knowledge of the pending trial.

The Principle of Exhaustiveness of Appeal Remedies

According to the Court, the judgment in question is not appealable for cassation as it is a revocable ruling of a substantially interlocutory nature. This is based on the principle of exhaustiveness of appeal remedies, which limits the possibilities of contesting judicial decisions only to cases expressly provided for by law. In this context, it is essential to emphasize that the guarantee established by Article 111, paragraph 7, of the Italian Constitution, which protects judicial measures of a decisional nature, does not apply to this type of ruling.

The Revocation of the Judgment under Article 420-quater

Judgment of non-proceeding under Article 420-quater of the Criminal Procedure Code - Appealability for cassation - Exclusion - Reasons. In terms of appeals, the judgment of non-proceeding under Article 420-quater of the Criminal Procedure Code due to the defendant's lack of knowledge of the pending trial, based on the principle of exhaustiveness of appeal remedies, is not appealable for cassation, as long as the term provided by Article 159, last paragraph, of the Penal Code has not expired, being a revocable ruling of a substantially interlocutory nature, for which the guarantee established by Article 111, paragraph 7, of the Constitution does not apply, concerning only judicial measures of a decisional nature and the ability to definitively impact subjective legal situations. (In the reasoning, the Court specified that the erroneous declaration of absence can be remedied by requesting, before the judge who issued it, the revocation of the judgment issued under Article 420-quater of the Criminal Procedure Code).

The Court highlights that, in the case of an erroneous declaration of absence, the defendant can request the revocation of the judgment before the judge who pronounced it. This aspect introduces a form of protection for the defendant, who, although unable to appeal for cassation, has the opportunity to remedy situations of injustice through other legal instruments.

Conclusions

In conclusion, Judgment No. 50426 of October 26, 2023 clarifies important aspects concerning the non-appealability for cassation of the decisions of non-proceeding under Article 420-quater of the Criminal Procedure Code. The Court reaffirms the importance of the principle of exhaustiveness of appeal remedies and offers insights into the balancing of procedural guarantees for defendants and the efficiency of the legal system. Lawyers and legal practitioners should take these indications into account to better guide their defense strategies and advice to clients.

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