Commentary on Judgment No. 27134 of 2023: Inadmissibility of the Rescission of the Judgment

Judgment No. 27134 of May 18, 2023, represents an important intervention by the Court of Cassation regarding extraordinary appeals. In particular, the focus is on the rescission of the judgment under Article 629-bis of the Code of Criminal Procedure, and on the issue of the nullity of the declaration of absence, already addressed in the merits phase. This ruling provides significant insights for a better understanding of the limits and prerequisites of this form of appeal.

The Legal Context of the Rescission of the Judgment

The rescission of the judgment is an extraordinary means of appeal, designed to remove the effects of already definitive decisions when violations of the defendant's participatory rights emerge. However, as clarified by the Court, the request for rescission becomes inadmissible if the issues of nullity have already been examined and dismissed by the merits judge. This principle is based on the idea that one cannot reopen a concluded process without valid justifications.

The Maxim of the Judgment

The request for rescission of the judgment under Article 629-bis of the Code of Criminal Procedure is inadmissible if the issues of nullity related to the declaration of absence have been devolved, examined, and dismissed by the merits judge, as well as, in the absence of a cassation appeal, cured by the judgment. (In its reasoning, the Court clarified that this is a means of extraordinary appeal, aimed at overturning the judgment in light of the established violation of the defendant's participatory rights in the trial and, therefore, not applicable where the situations put forward in support of the claimed lack of knowledge of the process have already been devolved in the merits judgment).

Practical Implications and Regulatory References

The ruling reiterates the importance of respecting the rights of participation in the trial and the necessity of addressing issues of merit during the trial phase. The reference norms, such as Article 629-bis and Article 420-bis of the Code of Criminal Procedure, as well as previous jurisprudence, clearly indicate that it is not possible to reopen issues already addressed without a valid reason. The practical implications are significant, as this jurisprudential orientation protects the certainty of law and the stability of judgments, avoiding excessive recourse to appeal instruments.

  • Regarding nullity issues, it is essential for lawyers to be aware of the limitations imposed by the Court.
  • It is necessary to file a cassation appeal if one wishes to contest such decisions validly.
  • The defendant's right to participate must always be guaranteed, but only if it has not already been addressed in the merits phase.

Conclusions

In conclusion, Judgment No. 27134 of 2023 clarifies the boundaries of the rescission of the judgment, emphasizing the importance of respecting the trial process and the rights of the defendant. It is an important step towards protecting the certainty of law, reducing the risk of abuses in the judicial system. Legal practitioners must therefore pay attention to these indications to ensure proper management of appeals and effective defense for their clients.

Bianucci Law Firm