Judgment No. 48119 of 2023: The Reconstitution of Procedural Acts and Their Implications

Judgment No. 48119 of September 26, 2023, filed on December 4, 2023, represents an important intervention by the Court of Naples regarding the reconstitution of procedural acts that, for various reasons, have been lost. This ruling clarifies the operational methods through which the judge can intervene to ensure the continuity and integrity of the proceedings, overcoming the formal constraints that can sometimes hinder the administration of justice.

Context of the Judgment

The case in question featured the defendant D. G. and led the Court to examine the issue of reconstituting acts, particularly the decree of unavailability, which had been acquired into the case file and subsequently lost. The Court noted that the reconstitution activity can concern any act already present in the file, suggesting a certain freedom for the judge in deciding the methods of reconstitution.

Reconstitution of acts acquired into the case file and subsequently lost - Methods - Formal constraints - Absence - Reasons. The activity of reconstituting procedural acts can concern all acts already present in the case file (in this instance, the decree of unavailability), and the judge is free to adopt the procedural form that best ensures the correct reconstitution of the missing act, even without prior adversarial proceedings, as the procedural code does not identify any procedural constraints and does not provide for any sanctions for potential defects in the formation activity.

Implications of the Judgment

This judgment carries several implications for Italian procedural law:

• Procedural Flexibility: The judge has the discretion to choose the most suitable procedural form to ensure the reconstitution of acts, without being bound by rigid procedures.
• Absence of Formalistic Constraints: The decision highlights that there are no specific procedural constraints for the reconstitution of acts, allowing for greater agility in procedures.
• Guarantee of Adversarial Proceedings: Although the judgment indicates that adversarial proceedings are not always necessary, it is crucial that the parties are nevertheless informed and can actively participate in the proceedings.

Conclusions

In conclusion, Judgment No. 48119 of 2023 by the Court of Naples represents a significant step towards more efficient justice, less bound by formalism. The freedom granted to the judge to reconstitute procedural acts in a flexible and informal manner could contribute to ensuring that procedural truth is always pursued, even in situations where the original acts have been lost. This approach, while it may raise questions about the protection of adversarial proceedings, underscores the importance of a legal system capable of adapting to the demands of real justice.