Commentary on Judgment No. 50237 of 2023: Illiteracy and Knowledge of the Proceedings

Judgment No. 50237 of October 12, 2023, filed on December 15, 2023, offers important reflections regarding the rescission of the judgment in cases of innocent knowledge of the proceedings. In particular, it highlights how the illiteracy of the defendant cannot be considered a legitimate reason to justify the lack of awareness of the ongoing proceedings.

The Legal Context of the Judgment

The case examined by the Court of Cassation concerns D. P. M. B., who, despite having received notification of significant procedural acts, claimed not to have understood their content due to his illiteracy. The Court, however, rejected this argument, stating that the notification had been properly executed and, therefore, the defendant could not be considered innocent.

The applicable regulation, prior to the Cartabia reform, establishes that the mere existence of a valid notification implies that the defendant must be aware of the pending proceedings. This principle is consistent with the provisions of the New Code of Criminal Procedure, particularly Articles 629-bis and 178.

Analysis of the Judgment's Maxim

Rescission of the judgment - Innocent knowledge of the proceedings - Illiteracy - Relevance - Exclusion - Case. Regarding the rescission of the judgment - under the regulation prior to the so-called Cartabia reform - when it has been established that the defendant was notified of acts from which the pendency of the proceedings could be inferred (in this case, notice pursuant to Article 415-bis of the Code of Criminal Procedure and the record of the adjournment of the trial hearing), it does not matter that the defendant did not understand the content due to illiteracy, as in this case the lack of knowledge of the proceedings cannot be considered innocent.

This maxim clearly highlights that, in the presence of a valid notification, the defendant has the burden of ascertaining the procedural situation, regardless of their comprehension abilities. The Court thus establishes a principle of personal responsibility, according to which ignorance cannot be invoked as an excuse if the pendency of the proceedings has been duly communicated.

Conclusions

Judgment No. 50237 of 2023 represents an important confirmation of the necessity to ensure that all actors in the criminal proceedings, regardless of their personal conditions, are adequately informed about their legal position. It calls for reflection on the delicate balance between individual rights and the duty of knowledge, emphasizing that illiteracy, though a condition to be considered with sensitivity, should not become an excuse to evade procedural responsibilities.

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