Judgment No. 49717 of 2023 and the Nullity of Notice to Defenders in Criminal Proceedings

The recent Judgment No. 49717 of November 7, 2023, issued by the Court of Cassation, raises important questions regarding the validity of procedural acts when one of the trusted defenders is not notified of the date set for the appeal hearing. In this decision, the judges declared the appeal inadmissible and clarified the ways in which the nullity of a general nature can be raised in criminal proceedings.

The Regulatory Context

The judgment refers to several provisions of the Code of Criminal Procedure, particularly Article 182, paragraph 2, which establishes the deadlines for raising nullity, and Article 97, paragraph 4, which deals with the appointment of a substitute legal representative. It is essential to understand that the failure to communicate the date of the hearing to one of the defenders is not a mere oversight but can have significant repercussions on the defense of the accused.

The Maxim of the Judgment

DEDUCTIBILITY - Omission of notice to one of the trusted defenders of the date set for the appeal hearing - Deadline for the other defender or for the substitute legal representative to raise the nullity - Indication. The general nullity of an intermediate regime arising from the omission of notice to one of the trusted defenders of the date set for the hearing (in this case, of appeal) must be raised by the other defender or by the substitute appointed pursuant to Article 97, paragraph 4, of the Code of Criminal Procedure, within the deadline set by Article 182, paragraph 2, of the Code of Criminal Procedure.

This maxim highlights the importance of adhering to notification procedures in criminal proceedings. The general nullity, as indicated, must be raised in a timely manner, otherwise, there is a risk of compromising the defendant's right to defense. The judgment fits into a now consolidated jurisprudence that emphasizes how the omission of a formal act can have direct consequences on the validity of the proceedings.

Final Considerations

Judgment No. 49717 of 2023 represents an important step forward in the protection of the rights of the accused, reaffirming the importance of correct information to defenders and the necessity to respect procedural deadlines. Jurisprudence, through this type of rulings, helps to ensure that every individual involved in criminal proceedings can fully exercise their right to defense, which is essential for the functioning of a fair and just legal system.

Bianucci Law Firm