Judgment No. 49717 of 2023 and the Nullity of Notice to Defense Counsel in Criminal Proceedings

The recent Judgment No. 49717 of November 7, 2023, issued by the Court of Cassation, raises important questions regarding the validity of procedural acts when one of the appointed defense counsel is not notified of the date set for the appeal hearing. In this decision, the judges declared the appeal inadmissible and clarified the procedures by which a general nullity can be raised in criminal proceedings.

Regulatory Context

The judgment refers to several provisions of the Code of Criminal Procedure, particularly Article 182, paragraph 2, which establishes the time limits for raising nullity, and Article 97, paragraph 4, which deals with the appointment of a procedural substitute. It is crucial to understand that the failure to communicate the hearing date to one of the defense counsel is not a mere error but can have significant repercussions on the defendant's defense.

The Ruling's Maxim

DEDUCIBILITY - Omission of notice to one of the appointed defense counsel of the date set for the appeal hearing - Time limit for the other defense counsel or for the procedural substitute to raise the nullity - Indication. A general nullity of intermediate regime arising from the omission of notice to one of the appointed defense counsel of the date set for the hearing (in this case, an appeal) must be raised, by the other defense counsel or by the substitute appointed pursuant to Article 97, paragraph 4, of the Code of Criminal Procedure, within the time limit referred to in Article 182, paragraph 2, of the Code of Criminal Procedure.

This maxim highlights the importance of adhering to notification procedures in criminal proceedings. A general nullity, as indicated, must be raised promptly, otherwise, there is a risk of compromising the defendant's right to defense. The judgment is part of an already established body of case law, which emphasizes how the omission of a formal act can have direct consequences on the validity of the proceedings.

Final Considerations

Judgment No. 49717 of 2023 represents an important step forward in protecting the rights of defendants, reiterating the importance of proper notification to defense counsel and the need to respect procedural deadlines. Through such rulings, case law contributes to ensuring that every individual involved in criminal proceedings can fully exercise their right to defense, which is essential for the functioning of a fair and just legal system.