Commentary on Judgment No. 14509 of 2023: Responsibility of the Public Prosecutor in Direct Citation Offenses
The recent ruling of the Court of Cassation, with judgment no. 14509 of March 3, 2023, provides important clarifications regarding the prosecutability of direct citation offenses. This decision is situated within a complex regulatory and jurisprudential context, where the correct execution of the trial judge's orders plays a central role in the protection of the defendant's rights and the effectiveness of criminal action.
The Case and the Maxim of the Judgment
Direct citation offenses - Order of the trial judge that mandates the transmission of the documents to the public prosecutor for the request for indictment - Incorrectness - Consequences - Obligation of the public prosecutor to execute it or to file an appeal - Reasons. In the context of offenses prosecutable by direct citation, where the trial judge has erroneously ordered the return of the documents to the public prosecutor for the request for indictment, the latter cannot disregard such provision, but is obliged to execute it, or may appeal it by means of a cassation appeal. (In its reasoning, the Court added that, in the different case where the public prosecutor exercises criminal action with a request for indictment, even if not provided for the offenses they are prosecuting, no nullity occurs, as it represents a more guaranteed option for the defendant).
The Court established that, in the event of an error by the trial judge in ordering the return of the documents to the public prosecutor, the latter has the obligation to execute it. This aspect is crucial, as it emphasizes the responsibility of the public prosecutor in following the judge's indications, thereby avoiding potential violations of the defendant's rights.
Practical Implications of the Judgment
Judgment no. 14509 not only clarifies the role of the public prosecutor but also offers important insights on the following issues:
- Obligation to execute orders: The judgment highlights that the public prosecutor cannot ignore the judge's indications but must fulfill their duties.
- Right to appeal: If the public prosecutor believes that the order is incorrect, they have the right to appeal the decision through a cassation appeal.
- Guarantee for the defendant: The exercise of criminal action, even in the case of an error, does not result in nullity but represents a form of protection for the defendant's rights.
Conclusions
In conclusion, judgment no. 14509 of 2023 represents a significant step towards greater clarity and responsibility in the Italian criminal procedural system. The Court of Cassation, with its decision, reaffirms the importance of respecting procedures and the rights of defendants, highlighting how the error of a judge cannot compromise substantial justice. This judgment is set to influence future judicial practices and the manner in which the public prosecutor intervenes, ensuring that decisions are always oriented towards the protection of fundamental rights.
