Judgment No. 48776 of 2023: Revocation of Absence Order in Case of Lack of Knowledge of Proceedings

Judgment No. 48776 of November 15, 2023, issued by the Court of Cassation, offers an important clarification regarding criminal proceedings and the defendant's absence. During a trial, the need to review the procedures related to the declaration of absence emerged, particularly when the defendant was not adequately informed of the proceedings concerning them. This article analyzes the key points of the judgment, highlighting the legal implications and the defendant's rights.

Context of the Judgment

The judgment in question falls within a regulatory framework that was recently updated by Legislative Decree No. 150 of 2022. Before this legislation came into effect, the rules regarding the declaration of the defendant's absence were characterized by certain issues, particularly concerning the proper notification of documents. The Court established that in cases where an absence declaration was issued before the new legislation, the judge is obliged to revoke the order if the prerequisites for its validity are found to be lacking.

Declaration of absence issued prior to the entry into force of Legislative Decree No. 150 of 2022 - Subsequent finding of lack of prerequisites for the declaration of absence - Obligation to revoke, even "ex officio," the order - Existence - Factual situation. In matters of trial in absentia, where the relevant declaration was issued under the regulations in force prior to the entry into force of Legislative Decree of October 10, 2022, No. 150, the judge who, during the proceedings, ascertains the existence of facts from which it can be inferred with reasonable certainty that the defendant did not have actual knowledge of the proceedings, is required to revoke, even "ex officio," the order declaring absence. (Factual situation relating to the notification to the court-appointed counsel of the summons for the appeal proceedings, in which the Court specified that there is no burden on the defense counsel to prove the absence of contact with the defendant, nor to file a request for revocation of the order declaring absence).

Legal Implications of the Judgment

This ruling by the Court of Cassation underscores several fundamental aspects of Italian jurisprudence in criminal law. In particular, the judge has the duty to ensure that all defendants are treated fairly and have the opportunity to defend themselves adequately. The revocation of an absence order, even if initiated by the court, represents an important step in ensuring respect for the defendant's rights.

• Protection of Defendant's Rights: Every defendant must have certainty of being informed about the proceedings involving them.
• Obligation to Revoke: The Court clarifies that the judge cannot disregard facts demonstrating the defendant's lack of knowledge of the proceedings.
• Role of Defense Counsel: The burden of proving the absence of contact with the defendant does not fall on the defense counsel, simplifying legal procedures.

Conclusions

Judgment No. 48776 of 2023 represents an important precedent in Italian jurisprudence, highlighting the importance of correct information and notification in criminal proceedings. With its decision, the Court of Cassation has confirmed that justice must be accessible to all, protecting the fundamental rights of defendants. In an ever-evolving legal landscape, it is crucial for all actors in the legal system to stay updated and understand the implications of the Court's judgments.