Judgment No. 28018 of 2023: The Admissibility of the Appeal for Cassation on the Concordato in Appeal

The judgment No. 28018 of February 14, 2023, of the Court of Cassation represents an important reference point for criminal proceedings related to the concordato in appeal. In particular, this decision establishes the appealability to the cassation court of the ruling rejecting the plea bargain, an aspect that deserves careful analysis both for its legal implications and for the protection of the rights of the defendants.

The Regulatory Context

The concordato in appeal, governed by Article 599-bis of the code of criminal procedure, offers defendants the opportunity to resolve their trial consensually, accepting a penalty in exchange for a reduction in the duration of the proceedings. However, the rejection of such a request raises crucial questions, not only for the defendant but also for the fairness of the trial. The Court of Cassation, in its ruling, clarified that the rejection ruling is subject to review and appeal, deeming unjustifiable the option to consider it non-reviewable.

The Implications of the Judgment

Concordato in appeal – Rejection ruling – Appeal for cassation – Admissibility – Reasons. The rejection ruling of the plea bargain under Article 599-bis of the code of criminal procedure is appealable to the cassation court together with the judgment rendered at the end of the trial. (In its reasoning, the Court specified that the opposite hermeneutic option, according to which such a ruling is non-reviewable, is unjustifiable, as the rejection affects the content of the judgment and also creates disparities in the treatment of the grounds for appeal that can be made against the ruling rejecting the request for a consensual resolution of the trial compared to those that could be proposed against the judgment in the different case where such a request has not been made).

The Court emphasized that the rejection of the plea bargain has a direct impact on the content of the final judgment, thus creating a disparity in treatment. This aspect is crucial, as ensuring a fair opportunity for appeal is fundamental for the respect of the rights of the defendant, as enshrined in Article 24 of the Italian Constitution, which affirms the right to defense.

Conclusions

In conclusion, judgment No. 28018 of 2023 represents a significant step towards greater fairness in criminal proceedings. Its importance lies not only in clarifying the appealability of the rejection ruling of the plea bargain but also in protecting the rights of defendants, ensuring them fair access to means of defense. The implications of this judgment extend beyond the individual case, influencing legal practice and promoting a more just and balanced approach in the Italian criminal system.

Bianucci Law Firm