Inadmissibility of the appeal in case of the defendant's death: comment on Ordinance no. 23354 of 2023

The recent Ordinance no. 23354 of April 18, 2023, from the Court of Cassation offers important clarifications regarding the legal position of the defendant in the event of death during the legitimacy process. The ruling analyzes the issue of the inadmissibility of the appeal filed personally by the defendant, highlighting the implications of such an event. This is a topic of great relevance not only for legal practitioners but also for citizens facing similar situations.

The content of the Ordinance and its implications

The Court of Cassation, chaired by Dr. Rosi Elisabetta and with rapporteur Dr. Agostinacchio Luigi, declared inadmissible the appeal for cassation filed by C. M. following the defendant's death. This decision is based on the principle that the death of the defendant, occurring during the legitimacy trial, renders the appeal inadmissible. However, the Court excluded the possibility of a costs order and the application of monetary sanctions in favor of the fines fund.

  • The death of the defendant interrupts the appeal process;
  • No legal costs are to be awarded;
  • No monetary sanctions are applicable.
“Cassation - Personal appeal - Subsequent death of the defendant - Inadmissibility of the appeal - Costs order and payment of the sanction - Exclusion. In the case of an appeal for cassation filed personally by the party, the death of the appellant occurring during the legitimacy trial renders the appeal inadmissible, but excludes the possibility of a costs order and the application of a monetary sanction in favor of the fines fund.”

Legal and jurisprudential references

This decision is based on provisions contained in the New Code of Criminal Procedure, particularly articles 591 and 592, which regulate the methods of appeal and the consequences of events occurring during the trial. The Court also referred to previous jurisprudence, including ruling no. 29593 of 2021 and no. 42313 of 2010, which addressed similar issues, contributing to the formation of a consolidated orientation in the matter.

Conclusions

In conclusion, Ordinance no. 23354 of 2023 represents an important reference for understanding the legal consequences in the event of the defendant's death during the legitimacy trial. It clarifies how such an event not only renders the appeal inadmissible but also excludes the possibility of legal costs and monetary sanctions. This aspect highlights a principle of humanity and justice, protecting the memory and rights of deceased defendants, while avoiding further burdens on their families.

Bianucci Law Firm