Analysis of Judgment No. 51592 of 2023: The Validity of the Complaint Signed by the Defender

The recent judgment No. 51592 of November 29, 2023, issued by the Court of Appeal of Genoa, offers relevant insights regarding criminal procedure, particularly concerning the validity of the complaint submitted by parties other than the proponent. This decision fits into a regulatory context characterized by a growing focus on simplifying legal procedures, aimed at facilitating access to justice.

The Regulatory Context of the Judgment

The Court established that the complaint, if signed with a notarized signature by the defender, does not require further formalities for submission by a party other than the proponent, even in the absence of a written delegation. This principle, deemed valid by the Court, applies in the specific case of a complaint submitted by a legal representative of a cooperative society.

Notarized signature by the defender - Delegation for submission by a party other than the proponent - Possibility - Existence - Written form - Necessity - Exclusion - Case. The complaint signed with a notarized signature by the defender does not require further formalities for submission by a party other than the proponent, even if lacking a written delegation. (In application of the principle, the Court deemed valid the complaint of the legal representative of a cooperative society, with a notarized signature by the defender, submitted at the office of the Public Prosecutor by an unidentified party).

Implications of the Judgment

This decision has significant implications for criminal proceedings. In particular, it allows for greater flexibility in the submission of complaints, facilitating access to justice even for those who may not have the opportunity to personally submit the complaint. Below are some relevant aspects:

  • Recognition of the validity of the notarized signature of the defender;
  • Exclusion of the necessity of a written delegation for the submission of the complaint;
  • Applicability even to unidentified parties at the time of submission.

This interpretation broadens the possibilities for participation and protection of rights, especially in the context of companies and associations, where legal figures often act on behalf of third parties.

Conclusions

In conclusion, judgment No. 51592 of 2023 represents a significant step towards the simplification of criminal procedures in Italy. The recognition of the notarized signature of the defender as a sufficient tool for the submission of the complaint without further formalities promotes more direct and less bureaucratic access to justice. It is essential that legal practitioners and citizens are informed of these developments to ensure a correct application of the rules and greater protection of individual rights.

Bianucci Law Firm