Judgment No. 16138 of 2022: The Validity of the Waiver of the Suspension of Procedural Deadlines
Judgment No. 16138 of December 20, 2022 represents an important ruling by the Court of Cassation regarding the rights of defendants and the management of procedural deadlines. In this case, the Court clarified a crucial point concerning the waiver of the suspension of procedural deadlines during the summer period, establishing that such a waiver can be validly made by just one of the defense lawyers, provided that the defendant is assisted by two attorneys. This decision has profound implications for the right to defense and the efficiency of criminal proceedings.
The Context of the Judgment
The case in question involved M. J., a defendant assisted by two lawyers. The central issue was whether the waiver of the suspension of procedural deadlines, contemplated by Article 240-bis, paragraph 2, of the implementation and transitional provisions of the Code of Criminal Procedure, could be made by just one of the lawyers. The Court annulled without referral the decision of the reviewing court that had made a ruling beyond the legal deadlines, asserting that the waiver from one of the defense lawyers was sufficient.
Analysis of the Principle and Legal Implications
Waiver of suspension - Defendant assisted by two lawyers - Waiver formulated by one of them - Sufficiency - Case. In cases where the defendant is assisted by two lawyers, the waiver of the suspension of procedural deadlines during the summer period, as per Article 240-bis, paragraph 2, of the implementation and transitional provisions of the Code of Criminal Procedure, can be validly made by just one of them. (In applying the principle, the Court annulled without referral the decision of the reviewing court which had ruled beyond the legal deadlines on the grounds that the waiver of such suspension came from one of the defendant's lawyers).
This principle establishes an important simplification for procedural management, as it prevents the defendant from being held hostage to internal dynamics between lawyers. The waiver of the suspension of deadlines is a strategic choice that can significantly influence the progress of the trial. If just one lawyer has the authority to proceed with the waiver, it ensures greater fluidity and speed in the development of the case.
Conclusions
Judgment No. 16138 of 2022 offers an important reflection on the
