Judgment No. 29529 of 2024: Appeal Against the Judgment of No Grounds for Prosecution

The recent judgment No. 29529 of May 15, 2024, represents an important reference for the regulation of appeal deadlines in cases of judgments of no grounds for prosecution. The ruling of the Court of Cassation clarifies the methods and deadlines for filing an appeal against decisions issued in council chamber, a topic of great relevance for legal practitioners and for citizens involved in criminal proceedings.

The Context of the Judgment

In this case, the defendant N. B. had appealed the decision of the Court of Appeal of Turin, which had declared no grounds for prosecution against him. The Court of Cassation examined the issue regarding the deadlines for appealing the aforementioned judgment, establishing that the fifteen-day deadline set by Art. 585, first paragraph, letter a), of the Code of Criminal Procedure also applies to provisions issued following a council chamber procedure.

Judgment of no grounds for prosecution - Deadline for filing an appeal - Applicability of the ordinary deadline for provisions issued in council chamber - Start date - Identification. The deadline for appealing the judgment of no grounds for prosecution, pronounced at the outcome of the preliminary hearing, is the fifteen days provided by Art. 585, first paragraph, letter a), of the Code of Criminal Procedure for provisions issued following a council chamber procedure, and it starts, for the parties present, from the reading in court of the judgment with simultaneous reasoning or from the expiration of the legal deadline of thirty days, in the case of deferred reasoning filed within that timeframe.

Timing and Methods of Appeal

The judgment clarifies that the appeal deadline starts from the reading in court of the reasoned judgment for the parties present, or from the expiration of the legal deadline of thirty days in the case of deferred reasoning. This aspect is crucial, as it precisely establishes when the deadline for the appeal begins, thus avoiding possible confusions or misinterpretations.

  • Appeal deadline: 15 days.
  • Start date for parties present: from the reading in court.
  • Start date in case of deferred reasoning: expiration of 30 days.

Conclusions

In conclusion, judgment No. 29529 of 2024 provides an important clarification on the timing of appeals against judgments of no grounds for prosecution, reiterating the importance of adhering to the deadlines established by the Code of Criminal Procedure. This ruling serves as a useful tool for lawyers and stakeholders, as well as for citizens facing criminal situations. The clarity of the law is essential to ensure a fair trial and the protection of defendants' rights.

Bianucci Law Firm