Analysis of Judgment No. 3356 of 2024: Chamber Procedure and Appeals in the Time of Covid-19

Judgment No. 3356 of November 14, 2024, by the Court of Appeal of Catania represents an important jurisprudential intervention during an extraordinary emergency period like that caused by the Covid-19 pandemic. The decision addresses relevant issues regarding the regulation of appeals in the context of criminal law, particularly in relation to the conversion of the procedure and the obligations of presence for detained defendants.

The Emergency Regulation and Appeals

According to the emergency legislation, the methods of conducting criminal proceedings have undergone significant changes. The Court of Appeal established that the request for an oral hearing by the defense attorney, in the context of an appeal against a judgment issued in abbreviated proceedings, leads to the conversion of the emergency "paper" procedure into an ordinary chamber procedure. This aspect is crucial as it indicates an attempt to ensure greater participation and transparency in the process, despite the limitations imposed by the health situation.

Obligation of Translation and Participation of the Defendant

Appeal - Emergency regulation due to Covid-19 - First-instance judgment issued in abbreviated proceedings - Request for oral hearing by the defense attorney - Conversion of the emergency "paper" procedure into an ordinary chamber procedure - Detained defendant - Failure to request participation in the hearing - Obligation of translation - Exclusion. Regarding appeals, under the emergency pandemic regulation, the request for an oral hearing made by the defense in the appeal procedure against the first-instance judgment issued in abbreviated proceedings leads to the conversion of the emergency "paper" procedure into an ordinary chamber procedure, but does not impose the obligation of translation for the detained defendant who has not expressed the desire to participate in the hearing. (In this case, the Court excluded the nullity of the appeal judgment, deeming the conduct of the procedure in the absence of the defendant to be correct).

The Court clarified that if the detained defendant does not express the desire to participate in the hearing, the obligation of translation does not exist. This decision is of great importance as it reflects the need to balance the rights of the defendant with the efficiency of the legal system, especially in an emergency context. The Court thus excluded the nullity of the appeal judgment, affirming the correctness of conducting the procedure in the absence of the defendant.

Conclusions

Judgment No. 3356 of 2024 represents a significant milestone in Italian jurisprudence, highlighting how courts are adapting their practices to the extraordinary circumstances created by the pandemic. The management of appeals and the regulation of attendance in court are crucial aspects to ensure the right to defense, but also to ensure the functionality of the judicial system. This intervention by the Court of Appeal of Catania sheds light on a current and complex issue, inviting a broader reflection on justice in times of crisis.

Bianucci Law Firm