Order No. 16385 of 2024: Removal from the Register and Interruption of the Process

In the context of civil procedural law, Order No. 16385 of June 12, 2024, from the Court of Cassation provides significant insights regarding the removal from the register of lawyers who practice personal defense. This ruling, issued by President G. T. and Rapporteur F. F., clarifies crucial aspects regarding the consequences of such removal in the context of the interruption of the process.

The Regulatory Context

The central issue addressed in the ruling concerns Article 86 of the Code of Civil Procedure (c.p.c.), which allows a lawyer to practice personal defense, and Article 301 c.p.c., which regulates the cases of interruption of the process. The Court established that voluntary removal from the register does not constitute a case of interruption under Article 301 c.p.c.

In general, voluntary removal from the register of lawyers obtained by a professional practicing personal defense under Article 86 c.p.c. does not constitute a relevant case for interruptive purposes under Article 301 c.p.c., as it falls outside the protection of the right to defense to provoke at one's own discretion the interruption of the process, thus imposing on the other parties an implicit and constant burden of verification, at every moment of the proceedings, of the permanence of the necessary quality to exercise the role of defender.

The Implications of the Ruling

This ruling has significant repercussions for lawyers who choose to practice personal defense. Here are some key considerations:

  • Voluntary removal should not be understood as a means to interrupt the process at one's own discretion.
  • The other parties involved in the proceedings are exempt from the burden of constantly verifying the quality of the removed lawyer's defense.
  • The right to defense must remain guaranteed, preventing a lawyer from altering the course of the process in their favor.

Conclusions

In summary, Order No. 16385 of 2024 represents an important step in the protection of the right to defense within civil proceedings. It clearly establishes that the removal from the register of a lawyer practicing personal defense cannot be used as a tool to interrupt the process, thereby ensuring greater stability and certainty for all parties involved. This principle is fundamental to ensuring fairness and regularity in judicial proceedings.

Bianucci Law Firm