Judgment No. 49654 of 2023: The Participation of the Detained Defendant in the Appeal Hearing

The judgment No. 49654 of July 13, 2023, filed on December 13, 2023, provides important clarifications regarding the participation of detained defendants in appeal hearings during the emergency period related to the Covid-19 pandemic. In a context characterized by extraordinary measures, the Court of Appeal of Bologna rejected the possibility for the defendant to request his appearance in court without the intervention of his lawyer, emphasizing the necessity of following the established legal procedures.

The Regulatory Context of the Judgment

The decision fits within the framework of emergency measures adopted in response to the pandemic, as provided by Decree Law 28/10/2020 No. 137. In particular, Articles 23 bis and 24 of this decree establish the modalities for conducting hearings in a context of health emergency. The Court reiterated that, even under such circumstances, it is essential to respect the right to defense and the procedural guarantees provided by the Constitution and international norms.

The Summary of the Judgment: A Clear Synthesis

Emergency regulation due to Covid-19 - Paper-based appeal judgment - Detained defendant - Request for personal appearance - Admissibility - Exclusion - Through the lawyer - Necessity - Reasons. In the paper-based appeal judgment held under the emergency regulation for containing the Covid-19 pandemic, the detained defendant who wishes to participate in the hearing must request it through his lawyer, as it is neither permitted nor provided that he can do so personally.

This summary clarifies that the detained defendant cannot independently request to participate in the hearing, but must necessarily do so through his lawyer. This provision not only protects the right to defense but also ensures compliance with safety procedures and emergency regulations, avoiding possible conflicts or misinterpretations that could compromise the trial.

Practical Implications and Related Jurisprudence

The Court's decision aligns with previous case law that has addressed the issue of participation of detained defendants in appeal hearings. It is crucial that the rules are applied uniformly to ensure fairness and transparency in the judicial system. The regulatory references and previous summaries highlight how adherence to legal procedures is an essential element, especially in emergency situations.

  • Regulatory References: Decree Law 28/10/2020 No. 137
  • Articles 23 bis and 24 of the same decree
  • Italian Constitution, Article 111
  • European Convention on Human Rights, Article 6

Conclusions

In conclusion, judgment No. 49654 of 2023 represents an important step forward in defining the modalities of participation of detained defendants in hearings during the pandemic. The Court has managed to balance security needs and the importance of the right to defense, establishing that every request for appearance must go through the lawyer. This not only ensures adherence to procedures but also helps to maintain the integrity of the judicial system during a period of uncertainties and challenges.

Bianucci Law Firm