Analysis of Judgment No. 15718 of 2023: Procedural Deadlines and Their Calculation
Judgment No. 15718 of 2023 from the Court of Cassation represents an important reflection on the topic of procedural deadlines, particularly regarding the submission of briefs in the registry. With this decision, the Court clarified some fundamental aspects of the criminal procedure, explicitly outlining the method for calculating the deadlines provided for by Article 127, paragraph 2, of the Code of Criminal Procedure.
The Context of the Judgment
The Court examined a case in which the public prosecutor had submitted briefs and related attachments to the registry only four days before the hearing scheduled for the discussion of the precautionary appeal. The central issue concerned the calculation of the five-day deadline before the hearing, and whether it was correct to include the day of the hearing and the day of the submission of the briefs in the calculation. The Court established that both the “dies a quo” and the “dies ad quem” must be excluded from the count, which led to the annulment with referral of the order from the review court.
Submission of briefs in the registry up to five days before the hearing pursuant to Article 127, paragraph 2, Code of Criminal Procedure - Calculation of the deadline - Exclusion of the “dies a quo” and the “dies ad quem” - Case in point. Regarding procedural deadlines, for the calculation of the five-day deadline before the hearing provided under Article 127, paragraph 2, Code of Criminal Procedure for the submission of briefs in the registry, both the "dies a quo" and the "dies ad quem" must be excluded. (Case in which the Court annulled with referral the order of the review court, as it was based on briefs and related attachments submitted to the registry by the public prosecutor four days before the hearing set for the discussion of the precautionary appeal).
Legal Implications of the Judgment
This judgment has a significant impact on the management of procedural deadlines. It emphasizes the importance of a correct interpretation of the rules governing deadlines, contributing to ensuring a fair and equitable process. The main legal implications of the judgment can be summarized as follows:
- Exclusion of the starting and ending days in the calculation of procedural deadlines.
- Reinforcement of the necessity to adhere to deadlines to ensure the regularity of the process.
- Possibility of annulment of decisions based on an incorrect calculation of deadlines.
Conclusions
Judgment No. 15718 of 2023 represents an important step forward in the understanding and application of the rules concerning procedural deadlines. The correct interpretation of the provisions of Article 127, paragraph 2, of the Code of Criminal Procedure is crucial to ensuring the integrity of the criminal process. Legal practitioners must pay particular attention to these aspects, not only to avoid legal issues but also to ensure a fair trial for all parties involved.
