Judgment No. 47927 of 2023: The Importance of the Mandate to Appeal in Cassation Appeals

Judgment No. 47927 of October 20, 2023, filed on December 1, 2023, is part of a highly relevant legal context, addressing the issue of the admissibility of appeals to the Court of Cassation concerning the obligation to file a mandate to appeal. This decision is particularly significant as it introduces clarifications on current legislation regarding appeals, establishing precise rules for absent defendants.

Regulatory Context

The primary reference for the judgment is Article 581, paragraph 1-quater, of the Code of Criminal Procedure, introduced by Legislative Decree No. 150 of October 10, 2022. This provision stipulates that, in the case of an absent defendant, a specific mandate must be granted to the defense counsel to proceed with the appeal, failing which the appeal will be inadmissible. This mechanism was designed to ensure that the defendant is always informed about the progress of the proceedings, even when absent.

Implications of the Judgment

ADMISSIBILITY AND INADMISSIBILITY - Obligation to file the specific mandate to appeal provided for by art. 581, paragraph 1-quater, Code of Criminal Procedure - Applicability to appeals to the Court of Cassation - Existence - Reasons. In matters of appeals, the provision of art. 581, paragraph 1-quater, Code of Criminal Procedure, introduced by art. 33 of Legislative Decree of October 10, 2022, No. 150, which requires the absent defendant, under penalty of inadmissibility of the appeal, to grant the defense counsel a specific mandate to appeal issued after the judgment, is also applicable to cassation proceedings, as it is a provision intended to ensure the defendant's certain knowledge of the progression of the procedural stages. (In its reasoning, the Court also specified that the obligation to attach the election or declaration of domicile to the appeal document, also provided for under penalty of inadmissibility, applies only in cases where the appeal necessitates the notification of the summons to trial, and therefore, only when an appeal to a lower court is filed, regardless of whether the appellant was declared absent or not in the previous stage of judgment).

The Court therefore reiterated that the obligation to file the mandate extends to appeals to the Court of Cassation, emphasizing the importance of this document in guaranteeing the right to defense and knowledge of the proceedings. Furthermore, it was clarified that the obligation to provide the election or declaration of domicile applies only in specific circumstances related to the appeal to a lower court.

Conclusions

In conclusion, Judgment No. 47927 of 2023 represents a significant step towards greater clarity in appeal procedures, strengthening defendants' rights and ensuring the proper exercise of the right to defense. It is crucial for lawyers to pay particular attention to these aspects in order to avoid inadmissibility in appeals and ensure proper representation of their clients, even in cases of absence during hearings.