Commentary on Judgment No. 14895 of 2024: Appeals and House Arrest

The recent Judgment No. 14895 of March 20, 2024, issued by the Court of Cassation, offers important clarifications on appeals in criminal proceedings, particularly regarding the ground for inadmissibility provided by art. 581, paragraph 1-ter, of the Code of Criminal Procedure. This article aims to analyze the decision, highlighting the implications for defendants under house arrest.

Regulatory Context and Relevance of the Judgment

Art. 581, paragraph 1-ter, introduced by Legislative Decree of October 10, 2022, No. 150, establishes that the omission of the declaration or election of domicile by the appealing defendant, necessary for the notification of the introductory act of the trial, results in the inadmissibility of the appeal. The Court confirmed that this provision also applies to defendants subjected to restrictive measures such as house arrest.

Ground for inadmissibility of appeal pursuant to art. 581, paragraph 1-ter, Code of Criminal Procedure - Defendant under house arrest at the time of filing the appeal - Applicability - Existence - Reasons. In matters of appeals, the ground for inadmissibility provided by art. 581, paragraph 1-ter, Code of Criminal Procedure, introduced by art. 33, paragraph 1, letter d), Legislative Decree of October 10, 2022, No. 150, for the case of failure to file, by the appealing defendant, the declaration or election of domicile required for the notification of the introductory act of the trial, also applies to the appellant under house arrest. (In its reasoning, the Court highlighted that the fulfillment of the requirement, subject to inadmissibility, at the time of filing the appeal, remains effective in the event that, before the notification of the summons for trial, the appellant has been released).

This judgment reiterated the importance of complying with the formalities required by law to avoid the inadmissibility of the appeal. In doing so, the Court intended to ensure not only compliance with the law but also the effectiveness of communications in criminal proceedings.

Practical Implications of the Judgment

The practical consequences of the decision are significant. Defendants who are under house arrest must pay attention to all formal requirements for filing an appeal. It is essential that:

• The declaration or election of domicile is filed at the time of the appeal.
• The receipt of the notification of the introductory act of the trial is ensured.
• It is taken into account that the fulfillment of formalities is valid even if the defendant is subsequently released.

In this way, the Court wished to emphasize that the defendant's status, even if under house arrest, does not exempt them from the obligation to comply with legal procedures.

Conclusions

Judgment No. 14895 of 2024 represents an important step in case law regarding appeals in criminal proceedings. It clarifies that the new regulatory provisions must be strictly followed, even by those who are subject to restrictions on personal liberty. Lawyers and legal professionals must therefore pay particular attention to these provisions to ensure that the rights of their clients are always protected.