Judgment No. 48776 of 2023: Revocation of the Absence Order in Case of Lack of Knowledge of the Proceedings

The judgment no. 48776 of November 15, 2023, issued by the Court of Cassation, provides an important clarification regarding criminal proceedings and the absence of the defendant. During a trial, the necessity to review the procedures related to the declaration of absence emerged, particularly when the defendant had not been adequately informed about the proceedings involving them. This article analyzes the key points of the judgment, highlighting the legal implications and the rights of the defendant.

Context of the Judgment

The judgment in question fits into a regulatory framework that was recently updated by Legislative Decree No. 150 of 2022. Before the entry into force of this legislation, the rules concerning the declaration of the defendant's absence were characterized by certain issues, particularly regarding the proper notification of acts. The Court established that in the case of a declaration of absence issued prior to the new legislation, the judge is obligated to revoke the order if it becomes evident that the prerequisites for its validity are lacking.

Declaration of absence issued before the entry into force of Legislative Decree No. 150 of 2022 - Subsequent ascertainment of the lack of prerequisites for the declaration of absence - Obligation of revocation, even "ex officio," of the order - Existence - Case law. In terms of trial in absence, if the related declaration is issued during the validity of the rules preceding the entry into force of Legislative Decree No. 150 of October 10, 2022, the judge who, during the trial, finds the existence of facts from which it can be reasonably inferred that the defendant had no actual knowledge of the proceedings is required to revoke, even "ex officio," the declaration of absence. (Case regarding the notification to the public defender of the act of citation for the appeal trial, in which the Court clarified that there is no burden on the defender to prove the absence of contact with the defendant, nor to formulate a request for revocation of the declaration of absence).

Legal Implications of the Judgment

This ruling of the Court of Cassation emphasizes some fundamental aspects of Italian jurisprudence in criminal law. In particular, the judge has the duty to ensure that all defendants are treated fairly and that they have the opportunity to adequately defend themselves. The revocation of the absence order, even when carried out ex officio, represents an important step in ensuring respect for the rights of the defendant.

  • Protection of the rights of the defendant: Every defendant must have the certainty of being informed about the proceedings that involve them.
  • Obligation of revocation: The Court clarifies that the judge cannot ignore the existence of facts demonstrating the defendant's lack of knowledge of the proceedings.
  • Role of the defender: The burden does not fall on the defender to prove the absence of contact with the defendant, simplifying legal procedures.

Conclusions

Judgment No. 48776 of 2023 represents an important precedent in Italian jurisprudence, highlighting the importance of proper information and notification in criminal proceedings. With its decision, the Court of Cassation has confirmed that justice must be accessible to all, safeguarding the fundamental rights of the defendants. In a continuously evolving legal context, it is crucial for all actors in the legal system to stay updated and understand the implications of the Court's rulings.

Bianucci Law Firm