Commentary on Judgment No. 25868 of 2024: Limits on the Presentation of Memorials in Appeal

Judgment No. 25868 of February 20, 2024, issued by the Court of Cassation, offers an important opportunity for reflection on the limits of presenting memorials in the appeal process. In particular, the Court reiterated that defensive memorials cannot contain grievances beyond those already formulated in the substantive appeal. This principle is essential to ensure the certainty of law and compliance with legal procedures.

Legal Context

In Italian criminal procedural law, the possibility of presenting memorials during the appeal process is governed by Article 585 of the Code of Criminal Procedure. This provision establishes that the parties may support their arguments, but must do so within the limits set by the deadlines for appeal, avoiding the introduction of new grievances. The Court specified that the memorials must serve to support the issues already addressed in the appeal, without expanding the discussion to matters not previously raised.

Appeal judgment - Right to present memorials - Limits - Grievances different from those proposed with the substantive appeal - Admissibility - Exclusion - Case. In the appeal judgment, the party's right to present memorials cannot exceed the preclusions set by the deadlines for appeal and those granted for the presentation of new reasons pursuant to Article 585, paragraphs 1, 4, and 5, of the Code of Criminal Procedure, thus the defensive memorial cannot contain additional and different grievances from those proposed with the appeal or with the additional reasons, but can only support, with detailed and more precise arguments, the issues already submitted with the proposed appeal. (In application of the principle, the Court excluded the alleged lack of motivation on the defensive memorial filed at the discussion hearing, containing the request for recognition of general mitigating factors, as it could not be considered a development of the original grounds of appeal concerning criminal liability and the measurement of the penalty).

Implications of the Judgment

The Court's ruling has significant practical relevance, as it clarifies that lawyers must pay particular attention to the deadlines and contents of the memorials presented in appeal. Temporal and content preclusions are fundamental to avoid compromising the right of defense with inadmissible arguments. Therefore, it is essential that memorials are drafted with clear and precise adherence to the original grounds of appeal.

  • Compliance with deadlines: memorials must be submitted within the prescribed timeframes.
  • Consistency with the grounds of appeal: it is not possible to introduce new grounds not previously raised.
  • Support for already addressed issues: memorials must strengthen the arguments already presented.

Conclusions

In conclusion, Judgment No. 25868 of 2024 emphasizes the importance of respecting the limits imposed by law in the context of the appeal process. The ability to present defensive memorials must be exercised with caution and awareness, to ensure that arguments are not only relevant but also admissible. This principle not only protects the right of defense but also contributes to the fairness and transparency of the judicial process.

Bianucci Law Firm