Comment on Judgment No. 37650 of 2024: Possibility of Acquiring Irrevocable Judgments in Cassation
The judgment no. 37650 of July 3, 2024, filed on October 14, 2024, represents an important intervention by the Court of Cassation regarding the possibility of acquiring irrevocable merit judgments during the cassation proceedings. This decision is set within a complex legal context, where the evaluation of the crime of criminal association takes on a central role. The Court, presided over by E. D. S., and with the rapporteur D. C., clarified the conditions under which such acquisitions can occur.
The Context of the Judgment
The central issue of the judgment concerns the possibility of acquiring irrevocable merit judgments that had not been previously submitted by the appellant. In particular, the Court established that this acquisition is permitted to assess the configurability of the crime of criminal association, in relation to the existence of the minimum number of associates. This aspect is crucial, as the crime of criminal association requires, among other things, the presence of at least three associates.
- The possibility of acquisition is limited to irrevocable judgments.
- The party must demonstrate that they could not produce such judgments previously.
- The purpose is exclusively for evaluating the configurability of the contested crime.
Acquisition of irrevocable merit judgments that the party could not have produced previously - Possibility - Conditions. In cassation proceedings, the acquisition of irrevocable merit judgments, which the party could not have produced previously, is permitted solely for the purpose of evaluating the configurability of the crime of criminal association, contested against some of the appellants, concerning the existence of the minimum number of associates.
The Implications of the Judgment
This judgment has significant implications for legal practice. Firstly, it establishes a precedent that could influence future appeals in cassation. The possibility of acquiring irrevocable judgments offers a new opportunity for parties who find it difficult to demonstrate their position. However, it is essential that the conditions set by the Court are respected to avoid the risk of inadmissibility of evidence.
Secondly, the judgment highlights the need for thorough and complete preparation of documents to be submitted in cassation. Lawyers will need to be particularly attentive to gather all relevant evidence and ensure that any merit judgments are included, should they not be able to be produced previously. This may require an in-depth analysis of previous judgments and their relevance to the case at hand.
Conclusions
In conclusion, judgment no. 37650 of 2024 represents a significant step towards greater flexibility in cassation proceedings, particularly regarding the acquisition of irrevocable merit judgments. The conditions set by the Court of Cassation provide important food for thought for legal practitioners and present a challenge in preparing defenses. Lawyers must now carefully consider how this decision may affect their cases and prepare to make the most of the opportunities offered by the jurisprudence.
