Analysis of Judgment No. 48327 of 2023: The Extraordinary Appeal for Factual Error

The recent Judgment No. 48327 of October 24, 2023, issued by the Court of Cassation, represents an important reference point for the management of extraordinary appeals for factual error. This provision, signed by President S. B. and rapporteur G. N., clarifies some procedural aspects that deserve thorough reflection.

The Regulatory Context of the Extraordinary Appeal

The extraordinary appeal for factual error is governed by Article 625-bis of the Code of Criminal Procedure, which provides that the Court of Cassation may correct material errors without necessarily structuring the procedure into distinct phases. The judgment in question rejects the idea that a separation between the immediate annulment of the flawed provision and the subsequent hearing is mandatory.

  • Art. 625-bis, paragraph 4: provides that the Court, in the event of acceptance of the appeal, takes the necessary measures to correct the error.
  • Possibility of immediate ruling: if the Court accepts the appeal, it can directly replace the flawed provision without further postponements.
  • References to previous maxims: the judgment refers to various rulings of the Court, highlighting a consolidated orientation.

The Maxim of the Judgment

Extraordinary appeal for factual error - Procedure - Distinction of the annulment and rescission phases - Exclusion. In the context of the extraordinary appeal for factual error, stating that Article 625-bis, paragraph 4, of the Code of Criminal Procedure provides that the Court of Cassation, if it accepts the request, adopts the necessary measures to correct the error, the definition of the procedure does not necessarily have to be structured into the two distinct phases of the immediate annulment of the flawed provision and the subsequent hearing for the renewed judgment on the previous appeal to the Cassation, allowing for an immediate ruling of the decision, which, if accepting the appeal, replaces the previous one.

This maxim highlights the possibility of a rapid intervention by the Court, avoiding procedural complications that could prolong the timelines of justice. It is an approach aimed at simplifying the system, making the resolution of disputes more efficient.

Conclusions

Judgment No. 48327 of 2023 offers an important indication of the efficiency of the Italian legal system, particularly concerning extraordinary appeals for factual error. The possibility of an immediate ruling by the Court of Cassation responds to the need for speed and certainty of the law, fundamental elements in an increasingly complex legal context. It is desirable that this interpretative line continues to be followed, contributing to ensuring more accessible and timely justice for all citizens.

Bianucci Law Firm