Judgment No. 4163 of 2024: The Appointment of Two Defenders for the Civil Party and Its Consequences

The recent judgment no. 4163 of November 21, 2024, issued by the Court of Cassation, offers important insights regarding the appointment of two defenders by the civil party in a criminal trial. The main issue addressed by the Court concerns the validity of such an appointment, considered in contrast to what is provided by Article 100 of the Code of Criminal Procedure (C.P.P.). In this article, we will analyze the meaning and implications of this judgment, clarifying the content of the ruling and the relevant legal context.

The Legal Case

The Court of Cassation, in its decision, rejected the appeal of the civil party contesting the appointment of two defenders. The Court emphasized that, although the appointment of two defenders violates Article 100 C.P.P., such a violation does not result in the nullity of the act, as the law does not expressly provide for such a sanction. Therefore, the appointment of the second defender is ineffective but does not annul the intervention of the first defender.

Civil party assisted by two defenders - Nullity - Exclusion - Reasons. The appointment by the civil party of two defenders, made in violation of the provisions of Article 100 of the Code of Criminal Procedure, does not cause any nullity, as this is not expressly imposed by law, but determines the mere ineffectiveness of the appointment of the second defender.

Reflections on the Ruling and Practical Implications

The ruling enunciated by the Court of Cassation clarifies a fundamental aspect of criminal procedural law: the necessity of adhering to regulatory provisions regarding legal representation. The choice to appoint multiple defenders, although it does not lead to nullity, can generate confusion and inefficiency in the process. Here are some practical considerations:

  • The civil party must be aware of the rules governing their legal representation.
  • The appointment of two defenders could lead to conflicts of strategy and communication.
  • The effectiveness of the defense remains guaranteed by the first defender, but the second will have no legal power.

Conclusions

In conclusion, judgment no. 4163 of 2024 represents an important clarification on the topic of the appointment of defenders for the civil party. It underscores the importance of following the regulatory prescriptions to ensure the effectiveness of the defense and the correctness of the process. Legal practitioners and the parties involved must pay attention to such details to avoid future issues and ensure a smooth and effective legal procedure.

Bianucci Law Firm