The ruling no. 30372 of 2024: Real precautionary appeals and notification to the non-detained suspect

The recent ruling no. 30372 of May 28, 2024, issued by the Court of Cassation, provides important clarifications on the rules regarding notifications in the context of real precautionary appeals. In particular, the decision focuses on the methods of communicating the notice of the hearing date to the non-detained suspect, a crucial aspect to ensure the right to defense and the proper conduct of the trial.

The regulatory context

The issue addressed by the Court concerns Article 324, paragraph 6, of the Code of Criminal Procedure, which establishes that the notification of the notice of the hearing date before the review court must be done effectively and promptly. This article is essential to ensure that the suspect can exercise their right to defense, which is a fundamental principle of criminal law.

The summary of the ruling

Notification of the notice pursuant to Article 324, paragraph 6, of the Code of Criminal Procedure - Non-detained suspect - Inability to execute the notification at the previously declared or elected domicile - Applicable regulation - Indication. In the context of real precautionary appeals, the notification to the non-detained suspect of the notice of the hearing date before the review court, provided for by Article 324, paragraph 6, of the Code of Criminal Procedure, must be carried out by delivering it to the trusted or appointed defense attorney, pursuant to Article 157-bis, paragraph 1, of the Code of Criminal Procedure, in cases where it is not possible to carry it out at the previously declared or elected domicile.

The Court established that if it is not possible to notify the notice to the suspect at the previously declared domicile, the notification must be made to the trusted or appointed defense attorney. This principle aligns with Article 157-bis, paragraph 1, of the Code of Criminal Procedure, which provides alternative notification methods to ensure the protection of the suspect's rights.

Implications of the ruling

  • Strengthening the right to defense: The ruling emphasizes the importance of ensuring that the suspect, even if not detained, receives the necessary communications to participate actively in the trial.
  • Clarity in notification methods: The decision offers clear guidance on how to proceed in situations where it is not possible to execute the notification at the domicile.
  • Judicial references: The ruling connects to significant precedents, including summaries no. 4746 and no. 39902 of 2014, which addressed similar issues.

Conclusion

In summary, ruling no. 30372 of 2024 represents a significant step in defining the notification methods for non-detained suspects. It not only clarifies the procedures to be followed but also reaffirms the importance of protecting the rights of the suspect, ensuring that every individual can effectively and promptly exercise their right to defense. This type of ruling is fundamental for the proper functioning of the legal system and for the safeguarding of human rights within the criminal context.

Bianucci Law Firm