The Ruling No. 47927 of 2023: The Importance of the Mandate to Appeal in the Cassation Appeal

The ruling no. 47927 of October 20, 2023, filed on December 1, 2023, fits into a legal context of significant current relevance, addressing the issue of the admissibility of the cassation appeal in relation to the obligation to file a mandate to appeal. This decision is particularly significant as it introduces clarifications on the current legislation regarding appeals, establishing precise rules for absent defendants.

The Regulatory Context

The main reference of the ruling is Article 581, paragraph 1-quater, of the Code of Criminal Procedure, introduced by Legislative Decree No. 150 of October 10, 2022. This provision establishes that, in the case of the defendant's absence, it is necessary to grant the lawyer a specific mandate to proceed with the appeal, under penalty of inadmissibility. This mechanism was designed to ensure that the defendant is always informed about the progress of the trial, even when not present.

The Implications of the Ruling

ADMISSIBILITY AND INADMISSIBILITY - Burden of filing the specific mandate to appeal as provided by Article 581, paragraph 1-quater, of the Code of Criminal Procedure - Applicability to the cassation appeal - Existence - Reasons. Regarding appeals, the provision of Article 581, paragraph 1-quater, of the Code of Criminal Procedure, introduced by Article 33 of Legislative Decree No. 150 of October 10, 2022, which imposes on the absent defendant, under penalty of inadmissibility of the appeal, to grant the lawyer a specific mandate to appeal issued after the ruling, is applicable to cassation proceedings as well, as it is a provision aimed at ensuring that the defendant has secure knowledge of the progress of the trial. (In its reasoning, the Court also specified that the burden of attaching the election or declaration of domicile to the appeal document, also provided under penalty of inadmissibility, applies only when the appeal necessitates the notification of the order to summon to trial and, therefore, only when an appeal document is submitted, regardless of whether the appellant was declared absent in the previous instance).

The Court has thus reaffirmed that the burden of filing the mandate extends to the cassation appeal, emphasizing the importance of this document to guarantee the right to defense and knowledge of the process. Furthermore, it was clarified that the obligation to provide the election or declaration of domicile applies only in specific circumstances related to the appeal document.

Conclusions

In conclusion, ruling no. 47927 of 2023 represents a significant step towards greater clarity in appeal procedures, reinforcing the rights of defendants and ensuring an adequate exercise of the right to defense. It is essential for lawyers to pay particular attention to these aspects to avoid inadmissibility in appeals and to ensure proper representation of their clients even in cases of absence during hearings.

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