Judgment No. 27141 of 2024: Effective Knowledge and Terms for Opposition to Criminal Penalty Decree

The judgment no. 27141 of May 30, 2024, issued by the Court of Cassation, provides important clarifications regarding the terms for filing an opposition to a criminal penalty decree. In particular, the Court addressed the interpretation of effective knowledge of the provision, a crucial element for the starting point of the thirty-day term established by law.

The Concept of Effective Knowledge

According to the ruling of the judgment:

Criminal penalty decree - Restoration within the term to propose opposition - Effective knowledge of the provision - Definition. Regarding the restoration within the term to propose opposition to a criminal penalty decree, the thirty-day term for submitting the request starts from the day of effective knowledge of the decree, which presupposes certain awareness of its existence and precise knowledge of its details, linked either to the communication of a formal act or to the carrying out of a procedural activity that allows for the unambiguous identification of the moment when such knowledge occurred.

This passage highlights how the term for filing an opposition does not automatically begin to run, but only from the moment when the interested party has full awareness of the decree. It is therefore essential that the interested party can demonstrate having received a formal communication or having engaged in an activity that allows for the temporal placement of the act.

Practical Implications of the Judgment

The practical implications of this judgment are manifold and concern various aspects of criminal procedural law. Among these:

  • Clarity on the commencement of terms: the thirty-day term is not a fixed period, but must be linked to the effective knowledge of the provision.
  • Need for formal communications: the competent authorities must ensure that the provisions are communicated clearly and promptly, so that the rights of the defendants are respected.
  • Possibility of opposition: in case of lack of knowledge, the party has the option to request restoration within the term, provided they demonstrate the lack of awareness of the decree.

Conclusions

In conclusion, judgment no. 27141 of 2024 represents an important reference point for all legal practitioners and for those facing a criminal penalty decree. It underscores the importance of transparency and communication in the criminal process, thereby ensuring the right to defense and fair participation in the proceedings. It is essential that all actors involved, from the judiciary to the defendant, understand the significance of effective knowledge in ensuring a fair trial.

Bianucci Law Firm