Commentary on Judgment No. 19726 of 17/07/2024: Irreproachable Conduct and Enrollment in the Bar Association

The judgment No. 19726 of July 17, 2024, of the Court of Cassation addresses a crucial theme for the legal profession: the requirement of "irreproachable conduct" for enrollment in the bar association, established by Article 17, paragraph 1, letter h), of Law No. 247 of 2012. This legal principle not only defines the honor required to practice the profession, but also raises important questions regarding the evaluation of the candidate's past conduct.

Irreproachable Conduct: A Key Concept

According to the Court, the requirement of irreproachable conduct implies an assessment of the applicant's behavior, which must adhere to a standard of seriousness. This means that mere accusations are not sufficient to consider a candidate inadequate. In fact, the judgment clarifies that the status of being accused is not, in itself, an obstacle, unless there has been a definitive conviction.

Requirement under Article 17, paragraph 1, letter h), Law No. 247 of 2012 - Definition - Assessment of seriousness - Necessity - Status of the applicant as accused - Relevance - Limits - Foundation - Presumption of innocence - Case law. The requirement of "irreproachable conduct" - provided for by Article 17, paragraph 1, letter h), of Law No. 247 of 2012 among those necessary for enrollment in the bar association - imposes a consideration of the applicant's conduct (including private life) based on a necessary standard of seriousness, functional to evaluating the suitability of the individual, in terms of honor, to guarantee the reliability and prestige associated with the practice of the legal profession, with the consequence that, due to the presumption of innocence, the mere status of being accused is not - in itself - an obstacle, as it is necessary that the ascertainment of criminal responsibility has resulted in a conviction, even if not definitive. (In this case, the Supreme Court annulled the decision of the National Bar Council, which had deemed the circumstances of having a prior definitive conviction for a fine of €2,000.00 for arbitrary exercise of one's rights with violence against property and being subject to two criminal proceedings for receiving stolen goods and driving under the influence, as obstacles to enrollment in the register of trainee lawyers, without taking into account the temporal distance of the conduct and without verifying whether the current status of the applicant as accused, for events approximately nine years ago, had resulted in the ascertainment of his criminal responsibility through the issuance of a conviction, even if not definitive).

The Presumption of Innocence and Past Conduct

A fundamental aspect emerging from the judgment is the necessity to consider the presumption of innocence. The Court of Cassation reiterated that enrollment cannot be denied to a candidate solely based on a simple status of being accused. It is essential that there is an ascertainment of criminal responsibility that results in a definitive conviction. Therefore, the candidate cannot be penalized for past events, unless they have been subject to a conviction.

  • Assessment of the seriousness of conduct
  • Consideration of the temporal distance
  • Presumption of innocence as a fundamental principle

Conclusions

Judgment No. 19726 of 2024 represents an important milestone in the process of defining the requirement of irreproachable conduct for enrollment in the bar association. It emphasizes the importance of a balanced and legally sound analysis of candidates' conduct, reminding that mere accusations cannot be sufficient to obstruct the possibility of practicing the legal profession. In a context where reputation and honor are fundamental, it is essential that decisions are based on concrete and verifiable elements, in respect of the fundamental rights of the individual.

Bianucci Law Firm