Analysis of Judgment No. 50426 of 26/10/2023: Non-Appealability to the Supreme Court ex Art. 420-quater Code of Criminal Procedure

Judgment No. 50426 of October 26, 2023, filed on December 18, 2023, represents an important ruling by the Supreme Court of Cassation on appeals in criminal proceedings. In particular, the Court addresses the issue of the non-appealability to the Supreme Court of a judgment of "non-prosecution" (sentenza di non doversi procedere) pursuant to Art. 420-quater of the Code of Criminal Procedure, due to the defendant's lack of knowledge of the pending proceedings.

The Principle of Exhaustiveness of Appeal Remedies

According to the Court, the judgment in question is not appealable to the Supreme Court as it is a revocable decision and essentially interlocutory in nature. This is based on the principle of exhaustiveness of appeal remedies, which limits the possibilities of challenging judicial decisions solely to cases expressly provided for by law. In this context, it is crucial to emphasize that the guarantee enshrined in Article 111, paragraph 7, of the Italian Constitution, which protects judicial measures of a decisive nature, does not apply to this type of judgment.

Revocation of the Judgment ex Art. 420-quater

Judgment of non-prosecution ex Art. 420-quater Code of Criminal Procedure - Appealability to the Supreme Court - Exclusion - Reasons. In matters of appeals, the judgment of non-prosecution ex Art. 420-quater Code of Criminal Procedure for the defendant's lack of knowledge of the pending proceedings, due to the principle of exhaustiveness of appeal remedies, is not appealable to the Supreme Court, as long as the term provided for by Art. 159, last paragraph, of the Criminal Code has not expired. This is because it is a revocable decision, essentially interlocutory in nature, to which the guarantee enshrined in Art. 111, paragraph 7, of the Constitution, concerning only judicial measures of a decisive nature and capable of definitively affecting subjective legal situations, does not apply. (In its reasoning, the Court specified that an erroneous declaration of absence can be remedied by requesting, before the judge who issued it, the revocation of the judgment issued ex Art. 420-quater Code of Criminal Procedure).

The Court highlights that, in case of an erroneous declaration of absence, the defendant can request the revocation of the judgment before the judge who issued it. This aspect introduces a form of protection for the defendant, who, while unable to appeal to the Supreme Court, has the possibility to remedy situations of injustice through other legal instruments.

Conclusions

In conclusion, Judgment No. 50426 of October 26, 2023, clarifies important aspects regarding the non-appealability to the Supreme Court of decisions of non-prosecution ex Art. 420-quater Code of Criminal Procedure. The Court reiterates the importance of the principle of exhaustiveness of appeal remedies and offers food for thought on the balance between the procedural guarantees of defendants and the efficiency of the legal system. Lawyers and legal professionals should consider these indications to best guide their defense strategies and advice to clients.