Commentary on Judgment No. 15657 of 2023: General Nullity in Appeal
The judgment No. 15657 of 2023, issued by the Court of Cassation, offers an important reflection on the emergency legislation introduced to address the Covid-19 pandemic. In particular, it focuses on the issue of general nullity arising from the failure to communicate the conclusions of the Attorney General to the defense counsel in the appeal proceedings. This aspect is particularly relevant in a context where the modalities of conducting hearings have been profoundly altered by the health emergency.
Regulatory and Procedural Context
The judgment under examination is part of the provisions laid down by Law Decree No. 137 of 2020, converted into Law No. 176 of 2020, which introduced Article 23-bis on paper proceedings. By virtue of these rules, the criminal process has undergone an acceleration towards telematic and simplified modalities, with the aim of ensuring the continuity of justice even in a period of health crisis. However, this acceleration has raised questions about the protection of the rights of the parties involved.
General Nullity
The Court clarified that the failure to communicate the conclusions of the Attorney General to the defendant's counsel results in a general nullity at an intermediate regime. This nullity is significant as it not only affects the right to defense but is also appealable to the Supreme Court, even if the defense counsel has submitted written conclusions without exceptions. This decision highlights how, despite the urgency imposed by the pandemic, fundamental procedural guarantees cannot be overlooked.
Emergency legislation for containing the Covid-19 pandemic - Paper proceedings in appeal pursuant to Article 23-bis of Law Decree No. 137 of 2020, converted, with amendments, into Law No. 176 of 2020 - Written conclusions of the Attorney General - Failure to communicate to the defense - General nullity at an intermediate regime - Existence - Appealability. In the paper appeal proceedings conducted under the emergency legislation for containing the Covid-19 pandemic, the failure to communicate electronically to the defendant's counsel the conclusions of the Attorney General results in a general nullity at an intermediate regime, appealable to the Supreme Court even by the defense counsel who has submitted written conclusions in the appeal proceedings without raising any objections.
Implications of the Judgment
The ruling of the Court of Cassation, in addition to strengthening the principle of guaranteeing the right to defense, serves as an important precedent for future similar cases. With the increasing digitization of the criminal process, it is essential that communication and information standards between the parties are respected. Therefore, judgment No. 15657 of 2023 represents a call for the need to balance efficiency demands with the safeguarding of fundamental rights.
- Strengthening of the right to defense
- Need for adequate telematic communications
- Potential implications for future criminal proceedings
Conclusions
In conclusion, judgment No. 15657 of 2023 represents an important piece in the construction of a judicial system that, while facing the challenges posed by the pandemic, does not forget the fundamental procedural guarantees. The protection of the right to defense, especially in times of emergency, must remain a priority, so that justice can be administered fairly and transparently.
