Judgment No. 22963 of 2023 and the Irrelevance of Facts Procedure in Juvenile Law

The judgment No. 22963 of 2023, issued by the Juvenile Court, stands out for its significance in the field of juvenile law, addressing the issue of the early definition of the procedure and the importance of adhering to procedural rules, particularly Article 127 of the Code of Criminal Procedure. This article is fundamental as it establishes the ways in which the judge must intervene in such cases, highlighting how the respect for the adversarial process is an indispensable element to ensure a fair trial.

The Content of the Judgment

The Court annulled without referral a decision of the Preliminary Investigating Judge (GIP) of the Juvenile Court of Rome, which had declared a “no case to answer” due to irrelevance of the fact. This decision was deemed null as the participatory chamber procedure was not followed, as required by Article 127 of the Criminal Procedure Code for such situations. Essentially, the Court emphasized that a mere definition of the procedure is not sufficient; it must follow specific forms to ensure that all parties involved can exercise their rights.

Juvenile Court - Early definition of the procedure - No case to answer due to irrelevance of the fact - Compliance with the provisions of Article 127 of the Criminal Procedure Code - Compulsory - Case. The judgment of no case to answer due to irrelevance of the fact concerning the minor must be pronounced by the Preliminary Investigating Judge with the participatory chamber procedure, in accordance with the provisions of Article 127 of the Criminal Procedure Code, and not "de plano". (Case in which the Court declared the nullity, for violation of the rules on adversarial procedures, of the decision of no case to answer for irrelevance of the fact on the grounds that the consent given by the defendants to the definition of the process at the state of the acts did not count for the correct formality of the rite). (See: No. 564 of 1992, Rv.192809-01).

The Implications of the Judgment

This judgment has significant consequences for juvenile law and how proceedings involving minors are managed. The rules on adversarial procedures are not mere formalities, but fundamental guarantees to ensure that the rights of all defendants, and particularly minors, are protected. The Court clarified that, even in the presence of consent from the defendants to the definition of the process, this does not exempt the judge from adhering to the prescribed procedures, highlighting a cornerstone principle of criminal law: respect for legality and the forms established by law.

  • Recognition of the right to defense
  • Obligation to follow specific procedures
  • Assessment of the relevance of the fact

Conclusions

In conclusion, judgment No. 22963 of 2023 represents an important milestone in the landscape of juvenile law, reaffirming the importance of respecting procedures and the adversarial process. It is essential that legal professionals pay attention to such rulings, as they directly influence the protection of minors' rights within the judicial system. The correct application of the rules, as highlighted by the Court, is essential to ensure that justice is not only an ideal but a concrete reality for all, particularly for the most vulnerable.

Bianucci Law Firm