Challenging the Judgments of the Court of Cassation: A Legal Overview

The possibility of challenging the judgments of the Court of Cassation is a matter of great importance for those involved in criminal law. Understanding the methods and limits of such a challenge is essential for both criminal defense attorneys and their clients.

What does the Court of Cassation represent?

The Court of Cassation is the supreme judicial body in Italy. Its role is to ensure the uniform interpretation of the law and to resolve jurisdictional conflicts. In the criminal field, the Court of Cassation primarily verifies that the judgments issued by lower courts comply with the law and legal principles.

Is it possible to challenge the judgments of the Court of Cassation?

In general, the judgments of the Court of Cassation cannot be challenged, as they represent the final judgment. However, there are some exceptions that allow for a reconsideration of a decision by the Cassation. It is crucial for a criminal defense attorney to be aware of these exceptions in order to provide adequate advice to their clients.

The exceptions: review and the European Court of Human Rights

• Review: The review is an extraordinary means of challenge that can be used for final judgments, including that of the Court of Cassation, in the event that new evidence emerges proving the innocence of the convicted person. This procedure is governed by Article 630 of the Code of Criminal Procedure.
• European Court of Human Rights (ECHR): Another possibility is to appeal to the ECHR. If it is believed that the judgment of the Court of Cassation violates the rights guaranteed by the European Convention on Human Rights, it is possible to file an appeal in Strasbourg. However, it is important to emphasize that such an appeal does not suspend or annul the Italian judgment but may lead to a review following a condemnation of the Italian State by the European Court.

Customized Legal Advice

Dealing with a judgment from the Court of Cassation requires a deep understanding of the law and a well-defined strategy. If you have doubts or believe that your judgment may be challenged, we invite you to contact the Bianucci Law Firm. With our experience in criminal law, we can offer you personalized advice and guide you through the possible legal options available to you.