Judgment No. 49315 of 2023: Appeals and Deadlines for Cassation Appeals

Judgment No. 49315 of October 24, 2023, represents an important ruling by the Court of Cassation concerning appeals in criminal proceedings. This case specifically addresses the deadline for an appellant defendant to file a cassation appeal, in the context of an appellate judgment handled through a non-participatory chamber proceeding.

Context and Significance of the Judgment

The Court ruled that, if the appellate judgment is handled without the defendant's participation and the defendant has not timely filed a request for participation pursuant to Article 598-bis, paragraph 2, of the Code of Criminal Procedure, the defendant cannot be considered "tried in absentia." This point is crucial, as it implies that the fifteen-day extension for filing a cassation appeal, as provided for in Article 585, paragraph 1-bis, of the Code of Criminal Procedure, does not apply.

Paper-based appellate judgment - Cassation appeal - Deadline for filing the appeal by the appellant defendant - Applicability of the fifteen-day extension provided by Article 585, paragraph 1-bis, of the Code of Criminal Procedure - Exclusion - Reasons. In matters of appeals, where the appellate judgment has been handled through a non-participatory chamber proceeding and a timely request for participation under Article 598-bis, paragraph 2, of the Code of Criminal Procedure has not been made, the appellant defendant cannot be considered "tried in absentia." This is because, in such cases, the proceedings are conducted without scheduling a hearing to which they have a right to participate. Therefore, for the purpose of filing a cassation appeal, they will not benefit from the fifteen-day extension of the deadline for appeal provided by Article 585, paragraph 1-bis, of the Code of Criminal Procedure.

Practical Implications for Defendants

This judgment has significant implications for defendants in similar situations. It is essential for lawyers and their clients to be aware of the need to file participation requests in cases of chamber proceedings to avoid losing procedural rights. The following are some key points to consider:

• Importance of timely filing of the participation request.
• Consequences of non-participation for the defendant.
• Understanding appeal deadlines and their expiration dates.

Conclusions

In conclusion, Judgment No. 49315 of 2023 clarifies a crucial aspect of Italian criminal proceedings concerning appeal deadlines. It underscores the importance of the defendant's active participation in the appellate process and the consequences of their absence. Lawyers must pay particular attention to these aspects to ensure the protection of their clients' rights in the context of appeals.