Judgment No. 37924 of 2024: Right to Participate in the Review Hearing for Preventive Measures
The recent judgment No. 37924 of September 5, 2024, filed on October 15, 2024, issued by the Court of Cassation, highlights a fundamental principle regarding the right of the interested party to participate during the review proceedings of preventive measures. This issue is of utmost relevance in the context of criminal law, where personal liberty and the right to defense must always be guaranteed.
The Right to Participate in the Review Hearing
The Court established that, in the event that a person is subjected to preventive measures, they have the right to appear personally at the review hearing, even if the request for review has been made through a supplementary petition. This clarification represents a significant step in ensuring a fair trial, as provided by Article 6 of the European Convention on Human Rights (ECHR).
Review hearing - Personal participation of the interested party subject to a restrictive measure of personal liberty - Right - Modes of exercise - Request contained in a supplementary review request - Suitability - Conditions. In the review proceedings against orders imposing coercive preventive measures, the detained or interned person, or the one subjected to a measure that concretely limits the possibility of appearing at the chamber hearing, has the right to participate personally even if the related request has been made in a supplementary review request, provided it is submitted within the deadlines set by Article 309 of the Code of Criminal Procedure.
Implications of the Judgment
Judgment No. 37924 of 2024 highlights the importance of respecting the procedures and timelines established by the Italian Code of Criminal Procedure. In particular, Article 309 establishes precise methods regarding the review of preventive measures. The Court emphasized that the right to defense cannot be compromised, even in situations where a supplementary request is required.
- The right to participate is essential to ensure transparency in the process.
- The judgment reaffirms the centrality of the accused in the criminal proceedings.
- Supplementary review requests are considered valid if submitted within the prescribed deadlines.
Conclusions
In conclusion, Judgment No. 37924 of 2024 represents an important affirmation of the right to defense in the context of preventive measures. It not only reiterates the accused's right to actively participate in the review hearing, but also provides an opportunity to reflect on the importance of ensuring that every individual can be heard during their trial. This principle is the foundation of a rule of law that protects fundamental freedoms and guarantees a fair trial for all citizens.
