Analysis of Judgment No. 37342 of 2024: Guarantee Interrogation and Immediate Trial
The judgment no. 37342 of September 10, 2024, issued by the Court of Cassation, offers an important reflection on the prerequisites for access to the immediate trial, particularly regarding the guarantee interrogation. This ruling clarifies the relationship between the interrogation provided for in Article 294 of the Code of Criminal Procedure and that referred to in Article 453, establishing a principle of equivalence even in the case of the accused's failure to appear.
The Regulatory Context
The central issue addressed by the Court concerns the necessity of a guarantee interrogation for the correct access to the immediate trial procedure. According to Article 294 of the Code of Criminal Procedure, the guarantee interrogation is a right of the accused, aimed at ensuring his defense. However, the judgment clarifies that, even in the absence of voluntary participation, such interrogation may be considered equivalent to that provided for in Article 453 of the Code of Criminal Procedure.
- Guarantee interrogation: right of the accused.
- Immediate trial: special procedure that accelerates the process.
- Equivalence: key concept for ensuring the rights of the defense.
The Maxim of the Judgment
Prerequisites - Guarantee interrogation ex Article 294 of the Code of Criminal Procedure - Failure to present the accused and application of a non-custodial precautionary measure - Equivalence to the interrogation referred to in Article 453 of the Code of Criminal Procedure - Existence. In terms of immediate trial, for access to the special procedure, the guarantee interrogation provided for in Article 294 of the Code of Criminal Procedure is equivalent to the interrogation referred to in Article 453 of the Code of Criminal Procedure, even if the accused has not voluntarily made it and is subject to a non-custodial precautionary measure.
This maxim may seem complex, but it encapsulates a fundamental principle: even if the accused does not appear for the guarantee interrogation, his position is not automatically prejudiced for accessing the immediate trial. The Court emphasizes that the protection of the rights of the accused must be guaranteed, even in situations where the latter has not actively participated in the guarantee process.
Conclusions
In conclusion, judgment no. 37342 of 2024 represents an important advance in the protection of the rights of the accused in the Italian criminal system. Its interpretation of the guarantee interrogation as equivalent to that referred to in Article 453 of the Code of Criminal Procedure offers greater protection to defensive guarantees, contributing to a fairer criminal process. It is essential that legal practitioners understand the implications of this judgment to ensure adequate defense for the accused, especially in cases of non-custodial precautionary measures.
