Judgment No. 20834 of 2023: The Nullity of Acts in Summary Judgment

The recent judgment no. 20834 of March 1, 2023, filed on May 16, 2023, has raised important questions regarding the evaluation of acts within summary judgment. This decision by the Court of Cassation significantly addresses the issue of the nullity of acts and their usability, establishing fundamental principles that deserve careful analysis.

Context and Facts of the Case

The case in question concerns the defendant O. P.M. and focuses on the validity of the evidence presented during the proceedings. In particular, the Court had to examine whether acts affected by absolute nullity or pathological unusability could be evaluated.

Principles Established by the Judgment

A crucial aspect of the judgment is represented by the maxim that states:

Acts affected by absolute nullity or pathological unusability - Evaluation - Exclusion - Reasons - Specific case. In the context of summary judgment, acts affected by absolute nullity and pathological unusability cannot be subject to evaluation, as there is no provision for any derogation regarding their official recognition and the irremediability of such defects. (Specific case in which the Court deemed the testimony given by the person questioned by the judicial police as unusable "erga omnes," who, instead, should have been heard, from the very beginning, as a suspect).

This formulation emphasizes the impossibility of considering as valid acts that present defects of absolute nullity, highlighting that such defects must be officially recognized by the judge. The Court has, in fact, excluded the possibility of remedying defects of such magnitude, which compromise not only the individual act but the entire process.

Implications for Criminal Proceedings

The implications of this judgment are manifold:

  • Strengthening the rights of the defendant: absolute nullity protects the interests of the defendant, ensuring a fair trial.
  • Clarity in the legislation: the judgment provides important guidance for judges, clarifying the limits of the evaluation of acts.
  • Prevention of abuses: the exclusion of acts affected by absolute nullity prevents unreliable evidence from influencing the outcome of the trial.

This decision fits into a broader legal context, referencing provisions of the New Code of Criminal Procedure, such as articles 63, 179, and 191, which respectively deal with the nullity of acts and the unusability of evidence.

Conclusions

In conclusion, judgment no. 20834 of 2023 represents an important milestone in Italian jurisprudence regarding summary judgment. It reaffirms the necessity of respecting the rights of defendants and ensuring the integrity of the criminal process. The recognition of defects of nullity must be a cornerstone principle, not only to ensure the reliability of the legal system but also to protect the fundamental rights of individuals involved in the process.

Bianucci Law Firm