Commentary on Judgment No. 49644 of 2023: The Cartabia Reform and New Deadlines in Appellate Proceedings

Judgment No. 49644 of November 2, 2023, by the Court of Cassation represents an important milestone in understanding the reform of the Italian criminal procedure, particularly concerning the appearance deadlines in appellate proceedings. The Court annulled the decision of the Court of Appeal of Rome without referral, establishing the applicability of the new provisions of Article 601, paragraph 3, of the Code of Criminal Procedure, which increased the appearance deadline in appellate proceedings from twenty to forty days.

The Cartabia Reform and Appearance Deadlines

The reform, known as the "Cartabia Reform," introduced significant changes to criminal proceedings, aiming to streamline and make the judicial system more efficient. Specifically, the new Article 601, paragraph 3, states:

Art. 601, paragraph 3, Code of Criminal Procedure - Provisions introduced by the so-called "Cartabia Reform" - Forty-day deadline - Applicability - Commencement. The new provisions of Article 601, paragraph 3, of the Code of Criminal Procedure, introduced by Article 34, paragraph 1, letter d), Legislative Decree No. 150 of October 10, 2022, which sets the new appearance deadline in appellate proceedings at forty days instead of twenty, are applicable from December 30, 2022, based on the combined provisions of the aforementioned Legislative Decree No. 150 of 2020, Article 16, paragraph 1, Law Decree of December 30, 2021, No. 228, converted into Law February 25, 2022, No. 15, as well as Article 6 of Law Decree of October 31, 2022, No. 162, converted into Law December 30, 2022, No. 199. (In its reasoning, the Court clarified that Article 5-duodecies of the aforementioned Law Decree No. 162 does not affect the provisions on appearance deadlines but exclusively the provisions on the so-called "written trial procedure for pandemic situations," extending its application until June 30, 2023).

This modification is significant because it allows for greater flexibility in favor of the parties involved in the proceedings, enabling them to prepare adequately and present their arguments more comprehensively.

Implications of the Judgment and Future Prospects

Judgment No. 49644 confirmed that the new provisions also apply to proceedings already underway, provided that the appearance date has not yet been set. This aspect is crucial as it allows for the harmonization of the new regime with existing procedural situations, avoiding confusion and uncertainty.

• Clarity on deadlines: the forty-day deadline offers parties greater room for maneuver.
• Uniform application: the judgment clarifies that the reform applies retroactively, in favor of justice.
• Strengthening the right of defense: a longer deadline allows for more accurate preparation of submissions.

In conclusion, the decision of the Court of Cassation represents a step forward in the reform process of the Italian criminal system. The increased flexibility in appearance deadlines can contribute to a fairer and more just process, enhancing the right of defense for the parties involved and improving the efficiency of the judicial system.

Conclusions

Judgment No. 49644 of 2023 not only clarifies the applicability of the new provisions on appearance deadlines but also marks an important milestone towards a fairer and more accessible criminal procedure. With the entry into force of the Cartabia Reform, Italian criminal law is opening up to new perspectives that could significantly influence how proceedings are managed in the future.