Judgment No. 27622 of 2023: The Omission of Examination and the Error of Fact in Extraordinary Appeals

Judgment No. 27622 of 2023 by the Court of Cassation provides an important interpretation of the dynamics of the extraordinary appeal for error of fact. In particular, the judge addressed the error of fact relating to the omission of examination of a ground for appeal, clarifying the conditions under which such omission is not considered relevant.

The Regulatory Context

The extraordinary appeal for error of fact is governed by Article 625-bis of the Criminal Procedure Code. This provision establishes that the error of fact must be relevant in order to justify the acceptance of the appeal. The Court clarified that the omission of examination of an additional ground does not in itself constitute a relevant error of fact, provided that the unexamined criticisms have been considered and dismissed in the reasoning of the judgment.

Extraordinary appeal for error of fact - Omission of examination of a ground for appeal - Error of fact - Exclusion - Conditions. The omission of examination of an additional ground in the appeal to the Court of Cassation does not constitute a relevant error of fact under Article 625-bis of the Criminal Procedure Code, provided that the criticisms deemed omitted have been examined and dismissed by the overall justificatory discourse presented in the reasoning of the judgment. (Case concerning grievances raised in the "additional grounds" of the appeal, erroneously indicated in the judgment as contained in a "memorandum").

Implications of the Judgment

This judgment reiterates a principle already known in jurisprudence, but one that deserves to be emphasized: not all omissions are automatically sanctionable as errors of fact. The Court confirmed that it is essential that the unexamined criticisms have nonetheless been considered in the context of the reasoning. This means that, even if a ground has not been specifically analyzed, if the judgment provides exhaustive reasoning that dismisses it, an error of fact cannot be invoked.

Conclusions

In conclusion, Judgment No. 27622 of 2023 by the Court of Cassation sheds light on a crucial aspect of criminal proceedings: the importance of reasoning in the evaluation of appeals. It is essential that lawyers and legal professionals are aware of these dynamics in order to effectively manage appeals and best protect the rights of their clients.

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