Appeal to the Supreme Court against the Judgment: The Protection of Legality
The appeal to the Supreme Court represents the last level of judgment in the Italian legal system and is aimed at ensuring compliance with the law in the decisions of the merits judges. At the Bianucci Law Firm in Milan, we offer specialized assistance to draft effective appeals and represent our clients before the Supreme Court of Cassation.
The appeal to the Supreme Court is not a new trial but a legality review that verifies the correct application of legal norms by the first and second instance judges. It is a crucial tool to protect the rights of the accused and other parties involved.
The appeal to the Supreme Court is the last opportunity to correct legal errors and ensure respect for legality in the criminal process.
When can an appeal to the Supreme Court be filed?
The appeal to the Supreme Court can be proposed in the presence of specific reasons provided by law:
- Violation of law: Errors in the interpretation or application of legal norms or procedural rules that lead to nullity;
- Motivational defects: Lack, contradiction, or manifest illogicality in the motivation of the judgment;
- Incompetence of the judge: Errors in determining the competence of the judge who issued the judgment;
Objectives of the appeal to the Supreme Court
With the appeal to the Supreme Court, it is possible to achieve different results, depending on the case:
- Annulment with referral: The Court annuls the judgment and refers the case to a new judge for a new examination;
- Annulment without referral: The Court annuls the judgment without further proceedings, for example, in case of the statute of limitations of the crime;
- Rejection of the appeal or inadmissibility: The Court confirms the challenged judgment if it considers the reasons for the appeal unfounded or inadmissible.
Critical issues and limits of the appeal
Despite its importance, the appeal to the Supreme Court presents some critical issues that must be carefully evaluated:
- Probative limitations: It is not possible to present new evidence or reassess evidence already examined in previous instances;
- High technical level: The drafting of the appeal requires a thorough knowledge of jurisprudence and procedural rules;
- Costs and time: The procedure can be long and involve significant costs for the parties.
Our legal support
The Bianucci Law Firm offers comprehensive assistance for managing the appeal to the Supreme Court, ensuring:
- In-depth analysis of the judgment to be challenged and the reasons for the appeal;
- Accurate and detailed drafting of the appeal, in compliance with the formalities required by law;
- Legal representation before the Supreme Court of Cassation;
- Consultation on any implications of the Court's decision.
Thanks to our experience, we are able to best protect the rights of our clients and ensure effective representation in the legality judgment.
The appeal must be filed within 45 days from the notification of the challenged judgment, unless reduced deadlines apply in the case of precautionary measures.
No, the appeal to the Supreme Court exclusively concerns questions of law and does not allow the presentation of new evidence or the re-evaluation of existing evidence.
The Supreme Court can annul the judgment with or without referral, or reject the appeal confirming the merits decision.