Judgment No. 27622 of 2023: Omitted Examination and Error of Fact in Extraordinary Appeal

Judgment No. 27622 of 2023 by the Court of Cassation provides an important interpretation on the dynamics of extraordinary appeals for error of fact. In particular, the judge ruled on an error of fact relating to the omitted examination of a ground of appeal, clarifying the conditions under which such omission is not considered relevant.

Regulatory Context

Extraordinary appeals for error of fact are governed by Article 625-bis of the Code of Criminal Procedure. This provision establishes that the error of fact must be relevant to justify the acceptance of the appeal. The Court clarified that the omitted examination of an added ground does not in itself constitute an error of fact, provided that the unexamined claims were nevertheless considered and dismissed in the reasoning of the judgment.

Extraordinary appeal for error of fact - Omitted examination of a ground of appeal - Error of fact - Exclusion - Conditions. The omitted examination of an added ground to the appeal for cassation does not constitute a relevant error of fact pursuant to art. 625-bis of the Code of Criminal Procedure, provided that the claims deemed overlooked are examined and have been dismissed by the overall justificatory discourse presented in the reasoning of the judgment. (Case concerning grievances raised in "added grounds" to the appeal, erroneously indicated in the judgment as contained in a "brief").

Implications of the Judgment

This judgment reiterates a principle already known in jurisprudence, but which deserves to be highlighted: not all omissions are automatically punishable as errors of fact. The Court confirmed that it is essential that the unexamined claims were nevertheless considered within the context of the reasoning. This means that, even if a ground was not specifically analyzed, if the judgment provides exhaustive reasoning that dismisses it, an error of fact cannot be invoked.

Conclusions

In conclusion, Judgment No. 27622 of 2023 by the Court of Cassation sheds light on a crucial aspect of criminal proceedings: the importance of reasoning in the evaluation of appeals. It is essential for lawyers and legal professionals to be aware of these dynamics in order to effectively manage appeals and best protect the rights of their clients.