The recent ruling of the Court of Cassation establishes the importance of the right to defense and the absolute nullity of the hearing in case of failure to establish a telematic connection, highlighting the critical issues of the emergency regulations during the pandemic.
Analysis of ruling no. 25365 of 2023 regarding the failure to consider the written conclusions submitted by the defense via certified email and the implications for general nullity in criminal matters.
The recent ruling no. 16080 of 2024 by the Court of Cassation clarifies the implications of the request for an oral hearing during criminal proceedings held in a chamber format during the Covid-19 pandemic, highlighting the absolute nullity in the absence of the defense attorney.