Commentary on Judgment No. 30589 of 2024: New Developments on the Absence of the Defendant in Criminal Proceedings

The recent judgment No. 30589, filed on July 25, 2024, by the Court of Cassation, offers an important reflection on the matter of the defendant's absence in criminal proceedings. In particular, the Court expressed its opinion regarding the application of Article 604, paragraph 5-bis, of the Code of Criminal Procedure, amended by Legislative Decree No. 150 of 2022. This article states that the nullity of the trial held in the absence of the defendant cannot be raised unless it is brought up in the appeal.

The Meaning of the Judgment

The Court established that this rule applies exclusively in cases where the declaration of the defendant's absence occurs after December 30, 2022. This clarification is of fundamental importance, as it defines the time limits within which the new regulation is effective and, consequently, the methods of appealing judgments.

Article 604, paragraph 5-bis, of the Code of Criminal Procedure, amended by Legislative Decree No. 150 of 2022 – Scope of Application - Indication. The provision of Article 604, paragraph 5-bis, of the Code of Criminal Procedure, as amended by Article 89, paragraph 1, of Legislative Decree of October 10, 2022, No. 150, in the part where it states that the nullity related to the trial held in absence due to lack of the prerequisites of Article 420 bis, paragraphs 1, 2, and 3, of the Code of Criminal Procedure is remedied if it has not been raised in the appeal, applies only if the declaration of absence is subsequent to December 30, 2022.

Practical Implications

The practical implications of this judgment deserve careful analysis. Among the main considerations that emerge are:

  • The necessity for lawyers to pay attention to the timing of the declaration of absence.
  • The possibility to remedy the nullity only if it has not been timely raised in the appeal.
  • A greater rigor in managing absences during criminal proceedings.

In this sense, the Court seems to want to ensure greater legal certainty, reducing the possibilities of disputes after the conclusion of the trial.

Conclusions

In conclusion, judgment No. 30589 of 2024 represents an important step forward for the clarity and effectiveness of criminal proceedings. The amendment made by Article 604, paragraph 5-bis, introduces a safeguard criterion that, although restrictive, aims to ensure the regularity of the trial and to avoid interruptions of justice already underway. Legal practitioners will therefore need to be ready to adapt to these new provisions, to ensure adequate and timely defense.

Bianucci Law Firm