The Power of Sub-delegation in the Complaint: Commentary on Judgement No. 44782 of 2024

The recent judgement No. 44782 of November 20, 2024, issued by the Court of Cassation, provides important insights regarding the role of the special attorney in managing the complaint. In particular, the Court addresses the issue of the possibility to sub-delegate a third party for the filing, withdrawal, and acceptance of the complaint, emphasizing the necessity that such power be expressly provided by the special power of attorney.

The Regulatory and Jurisprudential Context

According to the Court, the special attorney has the authority to delegate a third party to perform specific acts, such as filing the complaint, as long as this possibility is clearly indicated in the power of attorney. The Court emphasized that, although such acts are not detailed in the procedural code, they can be regulated according to civil law principles, which allow for sub-delegation when it is explicitly provided.

Special power of attorney for filing the complaint, for its withdrawal, and for the acceptance of the withdrawal - Power to sub-delegate a third party if expressly provided by the power of attorney - Existence - Reasons. The special attorney, appointed for filing the complaint, for its withdrawal, or for the acceptance of the withdrawal, has the power to sub-delegate a third party for the task, if such power is provided by the special power of attorney. (In the reasoning, the Court specified that such acts, although not provided for by the procedural code and within the limits of compatibility with the nature and purposes recognized by law, are governed by ordinary civil law principles, under which the explicit attribution of the power of sub-delegation to the special attorney is widely accepted).

Practical Implications of the Judgement

This judgement has several practical implications for legal professionals and their clients. Among the most relevant, we can highlight:

  • The necessity to draft clear and detailed special powers of attorney that explicitly include the power of sub-delegation.
  • Greater flexibility in managing the complaint, allowing for the delegation of tasks to trusted professionals.
  • The possibility for clients to have more effective legal representation, especially in complex situations where multiple parties may be involved.

Conclusions

In summary, judgement No. 44782 of 2024 represents an important step forward in the understanding and application of the role of the special attorney in the criminal context. It clarifies the limits and possibilities offered by law, promoting greater legal certainty in managing the complaint. For legal professionals, it is essential to take these indications into account to ensure proper assistance to their clients.

Bianucci Law Firm