Judgment No. 48468 of 2023: Admissibility of the Prosecutor's Appeal and Specificity of the Grounds

The judgment no. 48468 of November 14, 2023, of the Court of Cassation represents an important piece in the Italian legal landscape, particularly regarding the modalities of appeal by the prosecutor at the request of the civil party. This ruling provides clear indications on how the grievances must be formulated in the appellate stage, emphasizing the need for strict specificity to ensure the validity of the act.

The Context of the Judgment

In this decision, the Court rejected the appeal filed by the prosecutor, highlighting that the act did not meet the specificity requirements set forth by Article 572 of the Code of Criminal Procedure. In particular, the Court emphasized that it is not sufficient to merely refer to the grievances contained in the request of the civil party; it is necessary to incorporate them verbatim and in full in the appeal act.

Maxim of the Judgment

Prosecutor's appeal at the request of the civil party ex Article 572 of the Code of Criminal Procedure - Admissibility - Conditions. The appeal filed by the prosecutor at the request of the civil party, pursuant to Article 572 of the Code of Criminal Procedure, is inadmissible due to the lack of specificity of the grounds if the appellant merely refers to the grievances contained in the aforementioned request, without incorporating them verbatim and in full, even if they use formulas stating that they must be "understood as transcribed" or constitute an "integral part" of the appeal.

This maxim highlights a crucial aspect of criminal procedural law: the necessity for a clear and detailed formulation of grievances in the appeal stage. The Court has, in fact, referred to previous rulings that confirm this approach, such as judgments no. 41782 of 2016 and no. 15205 of 2020, which had already emphasized the importance of specificity in drafting appeal acts.

The Practical Implications of the Judgment

Judgment no. 48468 of 2023 has several practical implications for legal practitioners:

  • The necessity for careful preparation of appeal acts, with particular attention to the formulation of grievances.
  • The risk of inadmissibility for generic or non-specific appeals, which may undermine the possibility of a review by the Court.
  • The importance of following the indications provided by jurisprudence to avoid disputes regarding the validity of the acts.

In an ever-evolving legal context, it is essential for lawyers and professionals in the criminal sector to stay constantly updated on the rulings of the Court, in order to ensure an effective defense that complies with regulatory requirements.

Conclusions

In conclusion, judgment no. 48468 of 2023 serves as a clear warning about the importance of specificity of grounds in the prosecutor's appeal. Legal practitioners must pay attention to these details to avoid inadmissibility and ensure the proper administration of justice. Clarity and precision in drafting appeal acts are not merely recommendations, but real necessities for the protection of the rights of the parties involved in the criminal process.

Bianucci Law Firm