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Analysis of Judgment No. 16553 of 2023: Referral of the Process and Condemnation of Costs

The recent judgment No. 16553 of January 18, 2023, by the Court of Cassation provides an important reflection on the issue of process referral. In particular, the ruling clarifies that the declaration of inadmissibility of the referral request does not necessarily entail the condemnation to pay legal costs. This aspect is of fundamental importance for understanding the dynamics of Italian criminal procedural law.

The Regulatory Context of Process Referral

Process referral is a procedure provided for by the Code of Criminal Procedure, governed by articles 45 and 48. It allows for the transfer of criminal proceedings from one court to another, to ensure impartiality and justice. However, the referral request is not a means of appeal, and therefore its inadmissibility should not have consequences in terms of costs.

Request for process referral - Declaration of inadmissibility - Condemnation of costs - Exclusion - Reasons. Regarding process referral, the declaration of inadmissibility of the request does not entail the condemnation to pay the costs of the proceedings, as article 48, paragraph 6, of the Code of Criminal Procedure does not provide anything on this matter, and article 616 of the Code of Criminal Procedure does not apply, given that the referral request is not considered a means of appeal.

Implications of Judgment No. 16553 of 2023

The judgment in question highlights that, in the absence of a specific regulatory provision, the condemnation to pay costs is not automatic in the case of inadmissibility of the referral request. This clarification is particularly relevant for lawyers and their clients, as it allows for better management of expectations regarding legal costs in such situations.

  • The process referral is not a means of appeal.
  • The condemnation to pay costs is excluded in the case of inadmissibility of the referral request.
  • The decision of the Court of Cassation aligns with previous case law confirming this interpretation.

Conclusions

In conclusion, judgment No. 16553 of 2023 represents an important step for Italian criminal procedural law, clarifying the effects of the request for process referral and the absence of condemnation to costs in case of inadmissibility. This decision contributes to ensuring greater legal certainty in a complex and delicate area such as criminal justice.