Judgment No. 29371 of 2024: The Admissibility of Rescission of the Final Judgment and the Role of Communication

Judgment No. 29371 of June 5, 2024, issued by the Court of Cassation, focuses on a crucial issue in criminal proceedings: the admissibility of rescission of the final judgment in cases of failure to communicate the order for the postponement of the hearing. This ruling, which saw G. A. and S. C. as rapporteurs, offers important insights for legal practitioners and parties involved in criminal proceedings.

The Regulatory Context

The issue addressed in the judgment falls within the scope of Article 629-bis of the Code of Criminal Procedure, which regulates the rescission of the final judgment. In particular, the Court declared the request for rescission inadmissible in the case of failure to communicate the order for the postponement of the hearing. This decision is based on the interpretation that such nullity does not fall among those related to "vocatio in iudicium."

  • Article 420 bis: Concerns the communication of hearings.
  • Article 629 bis: Regulations on the rescission of the final judgment.
  • Article 178 and 179: Rules regarding the invalidity of procedural acts.

The Principle of Vocatio in Iudicium

The principle of "vocatio in iudicium" is fundamental in Italian criminal procedural law, as it guarantees the right of every party to be informed and to actively participate in the proceedings. The Court emphasized that, although the failure to communicate may seem like a significant procedural defect, it does not automatically lead to the rescission of the final judgment. In fact, the Court clarified that such nullity must be raised in the merit judgment through ordinary means of appeal.

ADMISSIBILITY AND INADMISSIBILITY - Failure to communicate to the parties the order for the postponement of the hearing - Rescission of the final judgment - Admissibility - Exclusion - Reasons. The request for rescission of the final judgment under Article 629-bis of the Code of Criminal Procedure is inadmissible in the case of failure to communicate to the parties the order for the postponement of the hearing, as this is a nullity that, not falling among those related to "vocatio in iudicium," must be raised in the merit judgment using ordinary means of appeal.

Conclusions

Judgment No. 29371 of 2024 represents an important stance by the Court of Cassation on a delicate issue. The decision to consider the request for rescission of the final judgment for failure to communicate an order for the postponement of the hearing inadmissible highlights the necessity of following the correct procedural paths to contest any defects. Legal practitioners must pay attention to this aspect to avoid compromising the rights of the parties involved. Jurisprudence continues to evolve and provide interpretative tools that can significantly influence the course of criminal justice in Italy.

Bianucci Law Firm