Inadmissibility of Appeal: Analysis of Judgment No. 49351 of 2023

The recent judgment No. 49351 of September 6, 2023, issued by the Court of Liberty of Naples, offers important food for thought on appeals in criminal proceedings. In particular, the Court declared inadmissible the appeal filed by the defense counsel of an arrested individual, whose appointment had been made at the request of a close relative. This case raises significant questions regarding the nature of appeals and the overlap of intentions within the context of criminal law.

The Case Analyzed

In the case at hand, the defendant, M. D. L., had his legal counsel appointed by a close family member. However, the defendant subsequently explicitly disavowed this appointment. The Court held that, in such circumstances, the appeal cannot be considered admissible, as the will of the directly interested party must prevail over that of their relatives.

Appeals - Defense counsel appointed by a close relative of an arrested or detained person - Disavowal by the defendant – Inadmissibility - Reasons - Factual situation. An appeal filed by defense counsel appointed pursuant to Article 96, paragraph 3, of the Code of Criminal Procedure and subsequently expressly disavowed by the arrested, detained, or pre-trial detention individual is inadmissible, as the will of close relatives cannot supersede that of the directly interested party. (Factual situation concerning a request for review against a precautionary measure order).

Implications of the Judgment

This judgment has significant practical consequences, as it clearly establishes that the defendant's will cannot be substituted or disregarded by that of family members. The reference norm, Article 96, paragraph 3, of the Code of Criminal Procedure, already highlights this distinction, but the judgment in question offers a decisive interpretation, reiterating the principle that the defendant is the sole party legitimately entitled to decide on their own defense and legal path.

• The defense must be expressly authorized by the defendant to be considered valid.
• The disavowal of the defense counsel's appointment must be clear and unequivocal.
• The will of close relatives cannot prevail over that of the defendant.

Conclusions

In summary, judgment No. 49351 of 2023 represents an important affirmation of principle in Italian criminal law, clarifying the limits of appeals and emphasizing the importance of the defendant's will. This decision not only strengthens individual rights in criminal proceedings but also contributes to a better definition of the role of the defense and the legitimacy of actions taken on behalf of the defendant. It is crucial for legal professionals to consider these aspects to ensure the correct application of justice.