Commentary on Judgment No. 28659 of 2024: Inadmissibility of the Appeal Without Declaration of Domicile

The recent judgment No. 28659 of March 7, 2024, filed on July 17, 2024, issued by the Court of Cassation, offers an important reflection on the methods of presenting appeal acts, particularly regarding the obligation to indicate a domicile for receiving legal communications. The case in question revolves around the defendant L. V., whose appeal was declared inadmissible due to the lack of the necessary declaration of domicile, raising questions about the correct application of procedural rules.

The Regulatory Context

The central issue of the judgment is based on Article 581, paragraph 1-ter, of the Code of Criminal Procedure, which establishes the obligation to indicate a domicile where communications can be received at the time of filing an appeal. This provision aims to ensure that the parties can be promptly informed of the various stages of the process, avoiding situations of uncertainty and guaranteeing the right to defense.

The Judgment's Maxims

Appeal act lacking declaration or election of domicile - Inadmissibility - Subsequent filing, within terms, of an additional appeal act accompanied by the declaration or election of domicile - Relevance - Exclusion of Reasons. In the matter of appeals, the act of appeal lacking the declaration or election of domicile is deemed inadmissible even if, during the period for appeal, an additional act of appeal is filed which includes the declaration or election of domicile, as the latter resolves into the mere repetition of the original, aimed, through the indicated attachment, at evading the "ratio" of the provision of Article 581, paragraph 1-ter, of the Code of Criminal Procedure.

This maxim clarifies that even if a new act of appeal is submitted with the declaration of domicile, it cannot remedy the lack of the first act. The Court thus highlighted the importance of formality and timing in the submission of procedural acts.

Practical Implications of the Judgment

The implications of this judgment for legal practice are manifold:

  • Compliance with Formalities: Lawyers must pay particular attention to comply with the formalities required by law for the submission of appeal acts.
  • Timing: It is essential to submit a complete and correct act of appeal within the established terms, thus avoiding inadmissibility.
  • Legal Awareness: The parties involved in the process must be aware of the consequences arising from the lack of proper formalization of acts.

Conclusions

In conclusion, judgment No. 28659 of 2024 of the Court of Cassation represents an important precedent in the matter of appeals. It underscores not only the importance of formalities in criminal proceedings but also the necessity of a correct indication of domicile, in order to guarantee the right to defense and the transparency of legal communications. Lawyers and the parties involved must therefore pay attention to these provisions to avoid unfavorable consequences in legal proceedings.

Bianucci Law Firm