Impediment of the Defender: Analysis of Judgment No. 38270/2024
The recent judgment no. 38270 of July 9, 2024, by the Court of Appeal L'Aquila provides significant insights on the issue of the defender's impediment in an appeal trial context. The central question concerns the admissibility of the request for a postponement of the hearing in a written proceeding in the absence of a timely request for an oral hearing. In this article, we will examine the content of the judgment and its implications for criminal procedural law.
Context of the Judgment
In the case in question, the Court rejected the request for a postponement of the hearing made by the defendant's lawyer, C. D. G., arguing that, in the appeal trial, where a non-participated written procedure is followed, the provision of Article 420-ter of the Code of Criminal Procedure does not apply. This article, in fact, regulates situations of legitimate impediment to appear, but does not apply when the personal appearance of the defender is not required.
Impediment of the defender - Request for postponement of the hearing in a written proceeding - Admissibility - Exclusion - Reasons. In the appeal trial, where a non-participated written procedure is followed due to the absence of a timely request for an oral hearing, the provision of Article 420-ter of the Code of Criminal Procedure regarding the legitimate impediment of the defendant's defender does not apply, as the personal appearance of the defender is not required.
Implications of the Judgment
This orientation of the Court of Appeal L'Aquila emphasizes how the principle of speed in criminal proceedings, provided by Article 111 of the Italian Constitution, requires careful consideration of the timing and methods for submitting requests for postponement. The decision underscores the defender's responsibility to act promptly to avoid precluding the possibility of an oral hearing.
Italian and European laws indeed protect the right to defense, but it is essential that lawyers are proactive in respecting procedural deadlines. Judgment no. 38270/2024 also refers to recent regulatory references, such as Decree Law 28/10/2020 no. 137, which introduced specific provisions regarding the management of hearings during the health emergency.
Conclusions
In summary, judgment no. 38270/2024 of the Court of Appeal L'Aquila serves as an important guide for legal practitioners, highlighting the management of requests for postponement in a written procedure context. It is crucial that defenders are aware of the timing and procedures required to ensure an effective defense that respects the rights of the accused. Jurisprudence continues to evolve and reflect on the needs of a legal system increasingly attentive to the speed and efficiency of proceedings.
