Legitimate Impediment to Appear: Analysis of Judgment No. 27875 of 2023

The recent judgment of the Court of Cassation No. 27875 of 2023 offers significant insights into the rights and duties of the defendant in the context of a legitimate impediment to appear at a hearing. The latter, issued on March 2, 2023, and filed on June 27 of the same year, clarifies some fundamental aspects of criminal proceedings, emphasizing the importance of timely communication by the defendant in case of concurrent summons for another proceeding. This article aims to analyze the judgment, contextualizing it within the Italian and European legal framework.

The Legal Context of the Judgment

The Court of Cassation, in this judgment, rejected the appeal of a defendant, G. N., who had requested the adjournment of the hearing due to a simultaneous summons in another trial. The Court emphasized that the defendant has the burden to promptly communicate their inability to appear, based on principles of procedural fairness and to respect the timelines of a fair trial. This aspect is crucial to avoid delays and inconveniences for all parties involved in the proceedings, such as witnesses and experts.

Concurrent summons of the defendant before another judge - Duty of timely communication of the impediment to appear - Existence - Reasons - Factual circumstances. In matters of legitimate impediment to appear, the defendant has the duty, for reasons of procedural fairness and to ensure compliance with the timelines of a fair trial, to promptly communicate their concurrent summons for another proceeding before a different judicial authority. (Factual circumstances relating to a defendant who had requested an adjournment of the hearing despite being aware of the concurrent commitment for several months, in which the Court specified that the aforementioned duty aims to prevent dilatory conduct and avoid inconvenience to witnesses, civil parties, consultants, and experts, who may also have been summoned for the hearing).

Implications of the Judgment

This decision by the Court of Cassation has important practical implications for lawyers and defendants. The main considerations emerging from the judgment include:

• Duty to communicate: The defendant is required to inform the judge of their inability to appear, thus avoiding potential delays in the proceedings.
• Principle of procedural fairness: The necessity to act with correctness and transparency towards the judicial system, ensuring compliance with the rules.
• Effects on parties' rights: Timely communication helps protect the rights of all parties involved, including witnesses and civil parties.

Conclusions

Judgment No. 27875 of 2023 represents an important step forward in defining the rights and duties of defendants in criminal proceedings. It reaffirms the importance of transparent and timely communication, emphasizing how procedural fairness is essential for the proper conduct of the trial and for respecting the rights of all parties involved. Lawyers and defendants must therefore be aware of these obligations to avoid unpleasant consequences during criminal proceedings.