Judgment No. 28028 of 2024: Appeals and Inadmissibility in Criminal Law

The judgment no. 28028 of April 10, 2024, filed on July 12, 2024, issued by the Court of Cassation, represents an important ruling regarding appeals in criminal law. This decision analyzes the consequences of the omission or incorrect indication of the details of the challenged provision, clarifying how these errors can affect the validity of the appeal submitted.

The Regulatory Context

The issue addressed by the ruling draws from Article 581 of the Criminal Procedure Code, which establishes the requirements for the validity of appeals. In particular, the Court emphasized that the omission or error in the indication of the elements required by the article itself results in the inadmissibility of the appeal only if such an error creates uncertainty regarding the identification of the challenged act. This principle is fundamental to ensuring the certainty of law and the correct administration of justice.

Analysis of the Case

In the analyzed case, the appeal was rejected due to an exception of inadmissibility related to the incorrect indication of the case number and the date of the provision in the attached special power of attorney. The Court deemed that it could not consider such errors as obstacles to the acceptance of the appeal, emphasizing that there was no uncertainty regarding the challenged act.

Omission or incorrect indication of the details of the challenged provision - Inadmissibility of the appeal - Conditions - Case. In terms of appeals, the omission or incorrect indication of the elements specified by Article 581, paragraph 1, of the Criminal Procedure Code results in the inadmissibility of the appeal only if it creates uncertainty in identifying the challenged act. (Case related to the rejection of the exception of inadmissibility of the appeal to which a special power of attorney was attached that incorrectly indicated the case number and the date of the provision).

This passage highlights the importance of certainty in the appeal procedure. The Court of Cassation established that the error should not compromise the ability to clearly identify the act intended to be challenged, preventing formal issues from obstructing access to justice.

Conclusions

Judgment no. 28028 of 2024 provides a clear interpretation of the rules regarding appeals in criminal law, emphasizing that formal errors should not hinder the exercise of defense rights. It is essential for lawyers and citizens to be aware of these aspects to avoid falling into inadmissibility that could be unjust. Staying updated on such rulings is crucial to ensure proper navigation through the complex Italian legal landscape.

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