Absent Defendant and Domicile: Analysis of Judgment No. 27774 of 2024

Judgment No. 27774 of May 23, 2024, issued by the Court of Appeal of Rome, offers an interesting reflection on the issue of appeals for absent defendants. The Court rejected the appeal of C. D. R., highlighting the importance of the declaration or election of domicile, which must be submitted concurrently with the appeal act as established by Article 581, paragraph 1-quater, of the Code of Criminal Procedure.

The Regulatory Context

Italian law, particularly Article 581 of the Code of Criminal Procedure, clearly establishes the methods for appealing judgments, especially concerning absent defendants. This regulation is fundamental as it defines the rights and duties of the parties involved in the process, while ensuring respect for the rights of defense and the right to a fair trial.

Absent defendant - Burden under Article 581, paragraph 1-quater, of the Code of Criminal Procedure - Necessity for the declaration or election of domicile to be submitted concurrently with the appeal act - Existence - Reasons - Consequences. Regarding the appeal of a judgment pronounced against an absent defendant, the declaration or election of domicile, as per Article 581, paragraph 1-quater, of the Code of Criminal Procedure, must be submitted concurrently with the appeal act, being an indispensable manifestation of the conscious will to appeal, so that its subsequent submission, even if prior to the start of the appeal proceedings, results in the inadmissibility of the appeal.

The Consequences of the Judgment

The Court emphasized that the lack of a declaration of domicile at the time of the appeal results in the inadmissibility of the appeal. This aspect is crucial as it underscores the importance of manifesting the will to appeal on the part of the defendant. In practice, the absent defendant must ensure that their intention to contest the judgment is clear and documented, preventing any delays in submitting such acts that could compromise their right to defense.

  • Importance of timeliness in the submission of acts.
  • Obligation of clear communication from the defendant.
  • Risk of inadmissibility in case of improper submission.

Conclusions

Judgment No. 27774 of 2024 reaffirms a fundamental principle of criminal proceedings: the necessity to respect established procedures to ensure the right to defense. The choice of domicile must be made promptly and accurately, underscoring the defendant's conscious will to appeal a judgment. This not only protects the defendant's rights but also ensures the efficiency of the judicial system, avoiding congestion and delays in appeal proceedings.

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