Commentary on Judgment No. 50092 of 2023: Nullity of Compulsory Indictment and Failure to Notify

Judgment No. 50092 of December 6, 2023, issued by the Court of Cassation, offers crucial insights for understanding procedural dynamics in Italian criminal law. In particular, it focuses on the effect of the lack of notification to the suspect during the indictment phase, highlighting the necessity of respecting the fundamental rights of the individual in criminal proceedings.

The Case in Brief

In the case at hand, the court of Castrovillari had issued an order for compulsory indictment following the failure to notify the suspect of the scheduled hearing, pursuant to Article 409 of the Code of Criminal Procedure. The Court annulled the tribunal's decision without referral, holding that it was abnormal to merely declare the nullity of the summons to trial, while excluding the nullity of the compulsory indictment order.

Order for compulsory indictment - Issued following failure to notify the suspect of the scheduled hearing pursuant to Article 409 of the Code of Criminal Procedure - Subsequent summons to trial - Nullity - Return of the case file to the public prosecutor - Abnormality - Existence - Reasons. The measure by which the tribunal, in case of failure to notify the suspect of the hearing scheduled under Article 409 of the Code of Criminal Procedure, which concluded with an order for compulsory indictment, declares the nullity of only the summons to trial and orders the return of the case file to the public prosecutor, instead of also declaring the nullity of the compulsory indictment order and ordering the return of the case file to the judge for preliminary investigations for the holding of the hearing pursuant to the aforementioned Article 409 of the Code of Criminal Procedure, is abnormal as it causes an undue standstill of the proceedings.

Implications of the Judgment

This judgment underscores the importance of proper notification to the suspect at all stages of the proceedings. The lack of notification is not merely a formal irregularity but can compromise the suspect's right to defense, a cornerstone principle of a fair trial established by Article 111 of the Italian Constitution and the European Convention on Human Rights.

• The nullity of the compulsory indictment order implies a review of the entire procedural path.
• The rights of the suspect must be guaranteed at all stages of the criminal proceedings.
• The tribunal's decisions must be consistent and not generate confusion or stagnation in the proceedings.

Conclusions

Judgment No. 50092 of 2023 represents an important reminder of the need to ensure a fair trial that respects the rights of the suspect. The Court of Cassation, with its decision, reaffirms that any irregularity, such as failure to notify, cannot be overlooked and must be addressed with the utmost seriousness. Only in this way can the legitimacy and correctness of criminal proceedings be guaranteed, protecting not only the suspect but the entire legal system.