Analysis of Judgment No. 37668 of 2024: Inadmissibility of the Appeal and the Defendant's Residence
The issue of appeals in criminal matters is always of great relevance, and the recent judgment no. 37668 of September 26, 2024, issued by the Court of Cassation, offers fundamental points for reflection. In particular, the judgment focuses on the question of verifying the suitability of the residence declared by the defendant, a crucial aspect for the regularity of notifications and, therefore, for the validity of the judicial action.
The Content of the Judgment
The Court reiterated a principle that is already well-known but not always respected: the inadmissibility of the appeal, pursuant to Article 581, paragraph 1-quater, of the Code of Criminal Procedure, cannot be declared without a preliminary verification of the actual suitability of the declared or elected residence. This means that, before declaring an appeal inadmissible, it is necessary to ensure that the address provided by the defendant is indeed suitable to guarantee proper notification of the summons to trial.
Declaration of inadmissibility of the appeal pursuant to Article 581, paragraph 1-quater, of the Code of Criminal Procedure - Verification of the actual suitability of the declared or elected residence - Necessity - Existence. In terms of appeals, the inadmissibility of the appeal pursuant to Article 581, paragraph 1-quater, of the Code of Criminal Procedure cannot be declared without having previously verified the actual suitability of the declared or elected residence, for the purpose of regular notification to the defendant of the summons to trial.
Practical Implications of the Judgment
This ruling has important practical implications for lawyers and defendants. In fact, the regularity of notifications is an essential element to ensure the right to defense. If a defendant does not correctly receive the summons, they may not be able to adequately prepare for the trial. Therefore, it is crucial for defenders to always verify the address provided by their clients.
- Verification of the defendant's actual residence.
- Checking the correspondence between the declared residence and reality.
- Importance of documenting any changes of address.
Conclusions
Judgment No. 37668 of 2024 by the Court of Cassation emphasizes the importance of verifying the residence in relation to appeals. It reminds all legal practitioners that respecting procedural rights also involves scrupulous verification of the information provided by defendants. In a legal system based on the principle of adversarial proceedings and the right to defense, every detail can make a difference.
