The incompetence due to connection in ruling no. 28485 of 2024: a detailed analysis

The recent ruling no. 28485, filed on July 16, 2024, provides significant insights regarding the incompetence due to subject matter arising from connection, a topic of considerable importance in criminal procedural law. Decided by the Court of Appeal of Caltanissetta, the ruling clarifies some fundamental aspects concerning the admissibility of the issue at the legitimacy stage, highlighting the necessity of correct timing in raising incompetence.

The structure of the ruling and its fundamental principles

The Court declared the exception of incompetence due to subject matter arising from connection inadmissible, referencing Article 15 of the Code of Criminal Procedure. This article establishes that incompetence cannot be raised for the first time at the legitimacy stage if it has not been previously raised during the preliminary hearing. The ruling, therefore, highlights how any negligence in raising incompetence may preclude the possibility of addressing the issue in later stages of the process.

The incompetence due to subject matter arising from connection, pursuant to Article 15 of the Code of Criminal Procedure, not raised ex officio or previously raised before the conclusion of the preliminary hearing or, when absent, immediately after the first determination of the constitution of the parties in trial, cannot be raised, nor detected for the first time at the legitimacy stage, being opposed by the provision in Article 21, paragraph 3, of the Code of Criminal Procedure.

Practical and jurisprudential implications

This ruling fits into a jurisprudential line already traced by previous decisions, including rulings no. 12764 of 2017 and no. 13938 of 2014, which addressed similar issues. The practical implications are of great relevance for legal practitioners, as they highlight the importance of a careful and well-planned procedural strategy. Lawyers must be aware that failing to raise the incompetence in the preliminary phase may compromise the possibility of raising such an issue in later stages, including the legitimacy level.

  • Admissibility of incompetence only in phases preceding the preliminary hearing.
  • Importance of timeliness in raising procedural exceptions.
  • References to previous jurisprudential decisions confirming the principle.

Conclusions

Ruling no. 28485 of 2024 serves as a useful guide for lawyers and legal professionals, emphasizing the importance of timeliness in raising exceptions of incompetence. It confirms that, in the absence of adequate attention during preliminary phases, there is a risk of precluding defense opportunities in later stages of the process. Therefore, it is essential for legal practitioners to be constantly updated and aware of the timelines and procedures, to ensure the best protection of their clients' rights.

Bianucci Law Firm