Waiver of Defensive Mandate: Analysis of Judgment No. 27637 of 2024

Judgment No. 27637 of April 30, 2024, provides an important clarification regarding the waiver of the defensive mandate. This issue is crucial in criminal law, as it touches on the fundamental rights of defendants, particularly the right to adequate defense. The Court, in its ruling, reiterated that the waiver by the defender entails an obligation for the judge to appoint a public defender.

Content of the Judgment

The decision establishes that, in the case of a waiver of the defensive mandate, the judge must appoint a new defender for the defendant, unless the latter has already arranged for a new trusted appointment. The ruling states:

Waiver of the defensive mandate - Obligation for the judge to appoint a defender - Existence - Reasons. The waiver of the defensive mandate entails an obligation for the judge, under penalty of nullity, to appoint a public defender for the defendant, who has not arranged for a new trusted appointment, provided that any temporary designation of a substitute, under Article 97, paragraph 4, of the Code of Criminal Procedure, having an episodic nature, is permitted only in cases of temporary impediment of the trusted defender or that of the public defender.

Implications of the Judgment

This judgment reaffirms the importance of protecting the rights of the defendant in criminal proceedings. The Italian Code of Criminal Procedure, particularly Article 97, clearly establishes the procedures for appointing a defender and the circumstances under which the judge must intervene. The main implications of the judgment can be summarized as follows:

  • Obligation of appointment: The judge must appoint a public defender in the event of a waiver of the defensive mandate.
  • Nullity of the procedure: The lack of a defender may result in the nullity of the proceedings.
  • Adequate defense: The protection of the defendant's rights must be guaranteed at every stage of the trial.

Conclusions

In conclusion, judgment No. 27637 of 2024 represents a significant step towards safeguarding the rights of defendants. It clarifies that a waiver of the defensive mandate must never result in a lack of defense, thus ensuring a fair trial. It is essential that legal practitioners take note of these indications to ensure the correct application of the law and protect the fundamental rights of individuals involved in criminal proceedings.

Bianucci Law Firm