Revocation of the Defender and the Right to New Reasons: Reflections on Judgment No. 24690 of 2022

The recent ruling of the Court of Cassation No. 24690 of 2022 offers important insights for legal practitioners and defendants regarding the revocation of the defender and the possibility of presenting new reasons during the cassation proceedings. This jurisprudential intervention clarifies some crucial aspects of criminal procedure, highlighting the rights of defendants and the ways to exercise their defense.

The Context of the Ruling

The Court, presided over by A. Tardio and with L. F. A. Mancuso as the reporting judge, examined the case of S. N., a defendant in a criminal proceeding. In particular, the central issue concerned whether the revocation of the defender who had filed an appeal could prevent a new defender, subsequently appointed, from submitting new reasons. The Court established that this right exists, provided that the deadlines set forth in Articles 585, paragraph 4 and 611, paragraph 1 of the code of criminal procedure are respected.

The Holding of the Ruling

Cassation judgment - Revocation of the defender - Appointment of a new defender before the hearing - Right to present new reasons - Existence. In the context of cassation judgment, the revocation of the defender who filed the appeal does not preclude the newly appointed defender from submitting new reasons within the terms of Articles 585, paragraph 4 and 611, paragraph 1, of the code of criminal procedure.

This holding highlights a fundamental principle: the protection of the defendant's right to defense, which must be able to rely on adequate legal representation and the opportunity to present new arguments that may influence the outcome of the trial. The Court thus not only acknowledges the right to revoke the defender but also reaffirms the possibility of active intervention during the cassation phase, thereby ensuring effective defense.

Practical Implications

The implications of this ruling are manifold. Here are some key points to consider:

  • The possibility of changing defender: defendants have the right to change their lawyer even during the cassation phase, without compromising their position.
  • The presentation of new reasons: the new defender can submit reasons that were not previously considered, thus enriching the defense strategy.
  • The deadline for submission: it is essential to adhere to the deadlines established by the cited articles, to avoid compromising the validity of the submitted reasons.

These considerations emphasize the need for a careful and responsive defense, capable of adapting to the developments of the process.

Conclusions

Judgment No. 24690 of 2022 represents an important step forward in the protection of defendants' rights in the Italian criminal system. The Court of Cassation, with this decision, underscores the importance of defense in criminal proceedings and ensures that even in situations of changing defenders, the right to present new reasons is safeguarded. Lawyers and defendants must be aware of these possibilities to effectively exercise their rights and guarantee a fair trial.

Bianucci Law Firm