Judgment No. 38638 of 2024: The Execution Judge and the Conversion into Appeal to the Supreme Court
The judgment No. 38638 dated September 11, 2024, issued by the Court of Cassation, highlights fundamental issues regarding the role of the execution judge in the context of objections to inadmissibility declarations. In particular, the Court established that when a request is declared "de plano" inadmissible for manifest unfoundedness, the judge cannot simply confirm that inadmissibility but must reclassify the act as an appeal to the Supreme Court and transmit it to the legitimacy judge.
The Regulatory Context
The decision is based on a precise interpretation of the provisions of the Code of Criminal Procedure, particularly Articles 666 and 667. These provisions govern the modalities of opposition to the decisions of the execution judge. In the case of opposition pursuant to Article 667, paragraph 4, the judge has the duty to consider the possibility of an appeal to the Supreme Court, following the principle of "favor impugnationis," which promotes the protection of the rights of defendants.
Request declared "de plano" inadmissible for manifest unfoundedness - Opposition pursuant to Article 667, paragraph 4, of the Code of Criminal Procedure - Conversion into appeal to the Supreme Court - Necessity - Reasons. The execution judge, erroneously seized of the opposition pursuant to Article 667, paragraph 4, of the Code of Criminal Procedure against the declaration of inadmissibility, for manifest unfoundedness, of a request, pronounced "de plano" pursuant to Article 666, paragraph 2, of the Code of Criminal Procedure, is required to reclassify the act as an appeal to the Supreme Court and to transmit it to the legitimacy judge, in application of the general principles of preservation of legal acts and "favor impugnationis".
Implications of the Judgment
This judgment has significant implications for Italian criminal law. It emphasizes the importance of protecting the rights of defendants and confirms the principle that every legal act must be preserved and properly valued. Below are some key points:
- The judge has the obligation to reclassify acts, thus ensuring proper administration of justice.
- The judgment strengthens the principle of "favor impugnationis," which is crucial to guarantee the right to defense.
- The importance of legitimacy control in criminal proceedings is highlighted, to avoid hasty or erroneous decisions by the execution judge.
Conclusions
Judgment No. 38638 of 2024 represents a step forward in the protection of the rights of defendants in the Italian criminal system. It invites reflection on the importance of adequate reclassification of acts and the necessity to ensure that every person can exercise their right to defense effectively and comprehensively. Lawyers and legal professionals must take these indications into account to ensure proper management of legal practices and adequate protection of the rights of their clients.
