Judgment No. 39153 of 2024: Clarifications on Preliminary References Regarding Jurisdiction
Judgment No. 39153 of July 12, 2024, filed on October 25, 2024, offers significant insights regarding the topic of preliminary references to the Court of Cassation for jurisdictional issues. In particular, the judge established the inadmissibility of such references when the judge is certain of their own jurisdiction or lack thereof. This clarification is not only relevant to the specific case but also has broader implications for the Italian legal system.
The Context of the Judgment
The issue addressed concerns the possibility of a reference to the Court of Cassation under Article 24-bis of the Code of Criminal Procedure. According to the Court, the reference is excluded when the judge is certain of their own jurisdiction. In other words, if a judge is confident of being competent, they must proceed without awaiting an intervention from the Court of Cassation, rejecting any exceptions raised by the parties or declaring their own lack of jurisdiction if that is the case.
The Principle of the Judgment
“Preliminary reference to the Court of Cassation under Article 24-bis of the Code of Criminal Procedure - Lack of real uncertainty regarding the jurisdictional issue by the judge - Admissibility - Exclusion - Consequences. A preliminary reference to the Court of Cassation for the decision on territorial jurisdiction under Article 24-bis of the Code of Criminal Procedure is precluded when the judge addressed with the issue is certain of their own jurisdiction or, conversely, of their own lack of jurisdiction, and in such cases must adopt the consequential measures, rejecting the exception raised by the party or immediately declaring their own lack of jurisdiction.”
This principle is crucial for judicial practice, as it establishes a principle of clarity and certainty. A judge must be able to assess their own position and act accordingly, avoiding overloading the Court of Cassation with issues that can be resolved at the local level.
Practical Implications of the Judgment
- Strengthening the autonomy of judges: Judges are called to make more autonomous and timely decisions.
- Reduction of references: A decrease in the number of references is expected, contributing to a faster justice system.
- Clarity in procedures: The parties involved in proceedings can have clearer expectations regarding the timing and methods of dispute resolution.
In this context, Judgment No. 39153 fits into a path of reform and simplification of justice, in line with the needs of a more efficient and responsive legal system.
Conclusions
Judgment No. 39153 of 2024 represents an important step towards greater autonomy for judges and a simplification of procedural processes. By recognizing that a judge certain of their own jurisdiction does not need to await a reference, a more streamlined and responsive legal system is promoted. The implications of this decision could influence not only the specific case but also the way jurisdictional issues are handled in Italy, leading to an overall improvement in criminal justice.
