Analysis of Judgment No. 25035 of 2023: Late Submission of Conclusions and Legal Costs

The recent Judgment No. 25035 of March 16, 2023, issued by the Court of Cassation, provides important clarifications on the emergency regulation and the procedural process in cases of late submission of conclusions by the civil party. In particular, the judgment highlights that if the defendant's appeal is rejected or declared inadmissible, the civil party that fails to comply with the submission deadlines cannot request the reimbursement of legal costs.

The Regulatory Context and the Judgment

The decision is based on Article 23-bis of Legislative Decree No. 137 of October 29, 2020, converted into Law No. 176 of December 18, 2020. This provision establishes that, in the review of legitimacy, if the defendant's appeal is rejected or declared inadmissible, the civil party that has submitted its conclusions late is not entitled to the reimbursement of legal costs. The Court compared the position of the civil party that submits late to that of a party that does not appear at the public hearing.

Emergency regulation - Review of legitimacy - Defendant's appeal - Rejection - Late submission of written conclusions by the civil party - Right to reimbursement of legal costs - Exclusion - Reasons. In the review of legitimacy conducted pursuant to Article 23-bis of Legislative Decree No. 137 of October 29, 2020, as amended by Law No. 176 of December 18, 2020, if the defendant's appeal is rejected or declared inadmissible for any reason, the civil party that has submitted its conclusions late is not entitled to obtain the reimbursement of legal costs, as its position is comparable to that of a party that has not personally appeared at the public hearing.

Practical Implications of the Judgment

This judgment has several practical implications for the parties involved in a criminal trial:

  • Compliance with deadlines: It is essential that civil parties comply with the deadlines for submitting conclusions; otherwise, they risk losing the right to reimbursement of costs.
  • Awareness of risk: Parties must be aware of the risks associated with late submissions, as their position may be weakened if the defendant's appeal is rejected.
  • Trial strategy: The judgment encourages reflection on the trial strategy to be adopted, considering the importance of proper timing.

Conclusions

In conclusion, Judgment No. 25035 of 2023 represents an important step in clarifying the regulation of legal costs in cases of late submission of conclusions by the civil party. The Court of Cassation, with this decision, reinforces the importance of adhering to procedural deadlines, highlighting how failure to comply can have significant consequences. It is therefore crucial for the parties involved in a criminal trial to pay attention to deadlines and procedures to protect their rights and interests.

Bianucci Law Firm