Judgment No. 49315 of 2023: Appeals and Deadlines for Cassation Appeal

Judgment No. 49315 of October 24, 2023, represents an important ruling by the Court of Cassation regarding appeals in criminal proceedings. This case specifically concerns the deadline for the defendant-appellant to file a cassation appeal in the context of an appeal trial conducted without participation.

Context and Significance of the Ruling

The Court established that, in cases where the appeal trial is conducted without the participation of the defendant and the latter has not timely submitted a request for participation according to Article 598-bis, paragraph 2, of the Code of Criminal Procedure, the defendant cannot be considered "judged in absence." This point is crucial, as it implies that the fifteen-day extension for filing a cassation appeal provided for by Article 585, paragraph 1-bis of the Code of Criminal Procedure does not apply.

Written appeal trial - Cassation appeal - Deadline for filing the appeal by the defendant-appellant - Applicability of the fifteen-day extension provided for by Art. 585, paragraph 1-bis, Code of Criminal Procedure - Exclusion - Reasons. In terms of appeals, when the appeal trial has been conducted without participation and no timely request for participation has been made under Art. 598-bis, paragraph 2, Code of Criminal Procedure, the defendant-appellant cannot be considered "judged in absence," since, in such cases, the trial is held without the scheduling of a hearing to which they have the right to participate, so that, for the purposes of filing a cassation appeal, they will not benefit from the fifteen-day extension for the appeal deadline provided for by Art. 585, paragraph 1-bis, Code of Criminal Procedure.

Practical Implications for Defendants

This ruling has significant implications for defendants who find themselves in similar situations. It is essential that lawyers and their clients are aware of the need to submit participation requests in cases of written proceedings, to avoid losing procedural rights. Below are some key points to consider:

  • Importance of timeliness in submitting the participation request.
  • Consequences of non-participation for the defendant.
  • Understanding the deadlines for appeals and their respective timeframes.

Conclusions

In conclusion, judgment No. 49315 of 2023 clarifies a crucial aspect of the Italian criminal process concerning appeal deadlines. It emphasizes the importance of the active participation of the defendant in the appeal process and the consequences of their absence. Lawyers must pay particular attention to these aspects to ensure the protection of their clients' rights in the context of appeals.

Bianucci Law Firm