Commentary on Judgment No. 29348 of 2024: Nullity and Chamber Procedure in Covid-19 Emergency

The judgment No. 29348 of April 4, 2024, deposited on July 19, 2024, represents an important ruling by the Court of Cassation on the issue of the nullity of the appeal trial held in a chamber procedure during the Covid-19 health emergency. In particular, the case in question concerns the defendant M. T., for whom the issue of the legitimacy of the trial held without the presence of a lawyer was raised, despite a timely request for an oral hearing having been submitted.

The Regulatory and Procedural Context

The ruling fits within a regulatory context defined by emergency provisions introduced to address the pandemic. These measures have resulted in significant changes in the way trials are conducted, particularly regarding the methods of holding hearings. However, respect for defense rights remains a fundamental principle.

Emergency regulation for the containment of the Covid-19 pandemic - Timely and formal request by the defense for an oral hearing - Trial held in a non-participated chamber procedure - Absolute and incurable nullity - Existence - Reasons. In the context of appeal trials, under the emergency regulation for the containment of the Covid-19 pandemic, where the defendant's lawyer has submitted a formal and timely request for an oral hearing, the conduct of the trial in a non-participated chamber procedure occurs according to a procedural model entirely different from that chosen, with the absence of the lawyer in a case where their presence is mandatory, thus resulting in an absolute and incurable nullity pursuant to Article 179, paragraph 1, of the code of criminal procedure.

The Legal Principles Established by the Ruling

The Court of Cassation has established that conducting a trial in the absence of a lawyer, despite the request for an oral hearing, constitutes a violation of the fundamental rights of the defendant. The ruling refers to Article 179 of the code of criminal procedure, which provides for absolute and incurable nullity for such irregularities. This principle is essential to ensure respect for the right to defense and the fairness of the trial.

Implications and Final Reflections

The ruling by the Court of Cassation not only reaffirms the importance of the lawyer's presence during the trial but also highlights how emergency provisions cannot justify violations of fundamental rights. It is crucial that legal institutions and legal professionals work to ensure that trials, even in extraordinary situations, respect the norms and rights of the defendants.

  • Importance of the lawyer's presence
  • Recognition of fundamental rights
  • Reflections on the methods of holding trials

Conclusions

The judgment No. 29348 of 2024 represents an important step forward in the protection of defense rights, emphasizing the necessity of maintaining high standards of justice even in emergency situations. Legal practitioners must always be vigilant and ready to uphold the rights of their clients, even in the face of challenges imposed by extraordinary contexts.

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