Commentary on Judgment No. 50062 of 2023: Plea Bargain on Appeal and Limits to Cassation Appeals

The recent Judgment No. 50062 of 2023 by the Court of Cassation offers an important reflection on the limits of cassation appeals in cases of plea bargains on appeal. Specifically, the ruling clarifies that, in cases of plea bargains under Article 599-bis of the Code of Criminal Procedure, appeals that reintroduce grounds already waived are inadmissible, including those relating to issues of constitutional legitimacy.

The Meaning of Plea Bargain on Appeal

A plea bargain on appeal represents an agreement between the parties that allows for the consensual resolution of a dispute, thereby shortening the duration and uncertainties of the proceedings. However, as established by the judgment in question, such an agreement has significant consequences regarding the rights of appeal. In particular, the Court emphasized that the agreement limits the possibility of challenging, in a cassation appeal, those grounds that have been waived.

The Issue of Constitutional Legitimacy

Plea Bargain on Appeal - Grounds Deductible - Question of Constitutional Legitimacy - Exclusion - Case Law. Against a judgment rendered following a plea bargain on appeal under Article 599-bis of the Code of Criminal Procedure, a cassation appeal that reintroduces grievances relating to waived grounds is inadmissible, including those concerning questions of constitutional legitimacy, except in cases of the imposition of an illegal sentence, given that the parties' agreement limits the jurisdiction of the court of cassation to grounds not subject to waiver. (Case in which the waived ground of appeal, relating to the exception of constitutionality of the special mitigating circumstance under Article 452-decies of the Criminal Code, entailed the waiver of a more favorable penalty treatment than that agreed upon).

This passage highlights how, in the event of waiving grounds of appeal, issues of constitutional legitimacy can no longer be raised, unless it concerns an illegal sentence. This implies a reflection on the conscious choice of the parties: accepting a more severe penalty treatment entails waiving potential advantages, and this choice must be carefully evaluated.

Conclusions

In summary, Judgment No. 50062 of 2023 underscores the importance of awareness in procedural choices, especially in the context of plea bargains on appeal. Parties must be prepared to waive certain rights, knowing that such waivers may preclude future challenges, including those of a constitutional nature. This aspect becomes crucial for lawyers and legal assistants who must guide their clients in strategic and informed decisions, keeping in mind the potential legal consequences.