Judgment No. 3063 of 2024: Notification to the Designated Defender for Defendants Detained Abroad

The recent judgment no. 3063 of November 5, 2024, filed on January 27, 2025, provides important clarifications on the notification procedure of the summons to trial for defendants detained abroad. This issue is of significant importance in the context of criminal law, as proper notification is essential to ensure the defendant's right to defense.

The Regulatory Context

The Court of Appeal of Milan, in its decision, confirmed that the notification of the summons to trial can occur not only directly to the defendant but also through their designated defender. This approach aligns with the provisions of Article 169 of the code of criminal procedure, which establishes specific rules for notification to defendants detained abroad.

  • Art. 156 c.p.p.: General rule on personal notification.
  • Art. 169 c.p.p.: Derogatory provisions for notification to detained defendants.
  • Previous judgments: References to case law that supports this interpretation.

The Summary of the Judgment

Defendant detained abroad - Personal notification of the summons to trial - Necessity - Exclusion - Delivery to the designated defender - Legitimacy - Reasons. The notification of the summons to trial for the defendant detained abroad is legitimate when delivered to the designated defender rather than personally, as in this case, the specific provisions of Article 169 of the code of criminal procedure apply, which are derogatory to those of Article 156 of the code of criminal procedure.

This summary highlights the importance of a notification procedure that respects the rights of the defendant, even when they are abroad. The Court's choice to accept notification to the designated defender is based on the need to ensure proper communication of the procedural developments without compromising the right to defense.

Conclusions

In conclusion, judgment no. 3063 of 2024 represents a significant step in the protection of the rights of defendants detained abroad. The legitimacy of notification through the designated defender emphasizes how the Italian legal system adapts to the needs of an increasingly globalized context, while ensuring compliance with the rules and fundamental rights. It is essential that legal practitioners, whether lawyers or judges, take these provisions into account to ensure a fair and just trial.

Bianucci Law Firm