Judgment No. 28063 of 2024: Clarifications on Non-Proceeding Orders and Appeals

The judgment of the Court of Cassation No. 28063 of May 30, 2024, offers important clarifications regarding the appeal procedure for non-proceeding orders. This decision, issued by President Di Paola and rapporteur Recchione, is set within a complex legal context, highlighting the distinction between appeals and appeals to the Cassation.

Regulatory Context and Appeal of Judgments

The Court established that the non-proceeding order, issued pursuant to Article 544-ter of the Code of Criminal Procedure, can only be appealed through an appeal, as provided by Article 544-quater. This clarification is fundamental to understanding the limits and modes of action for the parties involved in criminal proceedings.

Non-proceeding order issued following the preliminary hearing of appearance - Immediate appeal to the Cassation - Admissibility - Exclusion - Reasons - Consequences. The non-proceeding order issued, pursuant to Article 544-ter of the Code of Criminal Procedure, following the preliminary hearing of appearance is subject to appeal under Article 544-quater of the Code of Criminal Procedure, but not by means of a "per saltum" appeal, as this type of appeal is recognized, under Article 569 of the Code of Criminal Procedure, only concerning judgments that definitively resolve the first instance of judgment or other types of decisions expressly indicated. (In the reasoning, the Court added that in case of erroneous submission of the "per saltum" appeal, the appeal must be requalified in terms of an appeal).

Consequences of the Judgment

This judgment has significant practical consequences for lawyers and their clients. In particular:

  • The parties must pay attention to the deadlines for filing the appeal, avoiding the recourse to the Cassation in the case of non-proceeding orders.
  • In case of error in the choice of the type of appeal, it is important to know that the appeal will be requalified as an appeal.
  • This decision further clarifies the role of the Cassation, limiting its functions to specific and not generic cases.

Conclusions

Judgment No. 28063 of 2024 represents a benchmark for understanding the appeal regime in criminal matters, especially concerning non-proceeding orders. Lawyers must always be updated on these provisions to ensure a correct defense of their clients and to navigate the complex Italian legal system more effectively.

Bianucci Law Firm