Commentary on Judgment No. 27546 of 2023: Nullity of Notifications in Appeal

The judgment No. 27546 of April 3, 2023, deposited on June 26, 2023, provides important insights into the validity of notifications in criminal proceedings. In particular, the Court of Cassation addressed the issue of the nullity of notifications made at a location different from the elected or declared domicile of the defendant, clarifying the legal consequences that arise from this.

Context of the Judgment

The case examined by the Court concerned a decree of citation in appeal notified to the defendant at a location different from that validly elected. The Court established that such irregularity results in a general nullity, defined as intermediate regime nullity, which must be raised within the deadlines set forth by Article 182 of the Code of Criminal Procedure. However, if the notification is found inadequate to ensure the actual knowledge of the act by the recipient, an absolute nullity arises, pursuant to Article 179 of the same code.

Summary of the Judgment

Decree of citation in appeal - Notification at a location different from the elected or declared domicile - Intermediate regime nullity - Existence - Absolute nullity - Conditions - Case. In terms of notifications, where the decree of citation for the appeal trial is notified to the defendant at a location different from the validly elected or declared domicile, a general nullity of intermediate regime arises, which must be raised within the forfeiture deadlines provided by Article 182 of the Code of Criminal Procedure, unless the irregular notification is found, in practice, inadequate to allow the actual knowledge of the act by the recipient, in which case an absolute nullity arises for non-notification under Article 179 of the Code of Criminal Procedure. (In this case, the Court considered valid the notification that took place at the domicile previously elected by the defendant - the revoked trusted lawyer's office - rather than at the subsequently declared domicile - the residence -, noting that the new lawyers of the defendant had raised no objections before the appellate judges and that the appeal did not provide specific indication of such absolute inadequacy of the notification).

Legal Implications

This judgment therefore clarifies two fundamental aspects. Firstly, the importance of the choice of domicile by the defendant, which must always be communicated clearly and in accordance with current regulations. Secondly, it emphasizes the importance of implementing a control over the validity of notifications, in order to ensure the right to defense and the correct information of the defendant regarding the stages of the process. It is essential that defense lawyers remain vigilant and attentive in monitoring the correctness of notifications, to avoid encountering legal issues that could compromise the successful outcome of the defense.

Conclusions

In conclusion, judgment No. 27546 of 2023 serves as an important confirmation of the protections provided in the Italian criminal process regarding the validity of notifications. It reiterates that any irregularity in the notification can have significant consequences on the defendant's right to defense. Legal practitioners must pay particular attention to these issues to ensure fair justice that respects the fundamental rights of each citizen.

Bianucci Law Firm