Commentary on Judgment No. 14854 of 2023: Nullity for Late Filing in the Paper Judgment of Appeal
The recent judgment no. 14854 of January 25, 2023, provides important insights for legal practitioners, particularly regarding the regulation of the paper judgment of appeal. In this context, the Court of Cassation annulled without referral a decision of the Court of Appeal of Milan, establishing that the late filing of written conclusions by the Attorney General constitutes a general nullity under intermediate regime. This ruling is part of the emergency measures adopted to address the Covid-19 pandemic.
The Regulatory Context and Emergency Regulation
The paper judgment is a procedure provided for by the Italian code of criminal procedure, characterized by particular speed and simplification, which has proven particularly useful during the health crisis. However, the regulatory changes introduced by Decree Law No. 137 of 2020, converted into Law No. 176 of 2020, have imposed deadlines and filing methods that must be strictly followed. Article 23-bis of this decree establishes specific timelines for the filing of conclusions, and it is on this point that the Court focused its attention.
Nullity for Late Filing: A Practical Case
Paper judgment of appeal - Emergency regulation for containing the Covid-19 pandemic - Written conclusions of the Attorney General - Late filing - General nullity under intermediate regime - Existence - Reasons. In the paper judgment of appeal held under the emergency regulation for containing the Covid-19 pandemic, the late filing by the Attorney General of the written conclusions for the hearing, occurring after the defense had filed its conclusions, constitutes a general nullity under intermediate regime due to the violation of Article 178, paragraph 1, letter c), of the code of criminal procedure, as it affects the actual participation of the defendant in the trial and the exercise of defense rights, with no additional burden of reply for the defense being conceivable, in violation of the timelines set by Article 23-bis of Decree Law No. 137 of October 28, 2020, converted with amendments by Law No. 176 of December 18, 2020.
In this specific case, the filing of conclusions by the Attorney General occurred after the defense had already submitted its own, creating a situation of imbalance. The Court emphasized that this late filing not only violated the established timelines but also compromised the effective participation of the defendant and their right to defense. This aspect is fundamental in criminal procedural law, where adherence to timelines is crucial to ensure a fair trial.
Conclusions
Judgment No. 14854 of 2023 reminds us of the importance of adhering to procedural rules, especially in times of emergency. The decisions of the Court of Cassation regarding nullity for late filing not only protect the rights of defendants but also affirm a principle of justice that must be guaranteed at every stage of the proceedings. Legal practitioners must pay particular attention to these provisions to ensure that the criminal trial remains a bastion of fairness and justice, even in extraordinary situations.
