Commentary on Judgment No. 25048 of 30/03/2023: Inadmissibility of Appeal and Referral to the Competent Judge

Judgment No. 25048 of March 30, 2023, issued by the Court of Cassation, offers important insights into the management of criminal appeals. In particular, the case concerns the annulment of a decision of inadmissibility of an appeal, establishing that, in such circumstances, the case files must be transmitted to the judge who issued the decision itself.

The Legal Context of the Judgment

The decision of the Court of Cassation is part of a well-defined regulatory framework, referencing specific articles of the New Code of Criminal Procedure, particularly Articles 591 and 623. Article 591 establishes the grounds for appeal, while Article 623 governs the procedures for annulling judgments. The Court clarifies that, in the event of annulment of a decision of inadmissibility, a referral to the judge who issued the decision is necessary, emphasizing the distinction between decisions of inadmissibility and those on the merits.

The Ruling of the Judgment

Annulment of the decision of inadmissibility of an appeal - Transmission of case files to the same judge who issued it - Existence - Reasons. In the event of annulment by the Court of Cassation of a decision of inadmissibility of an appeal, even if issued by judgment, the consequence is referral to the same judge who issued it, as it is a decision for which the form of an order is normally provided and which, by preventing the continuation of the proceedings, requires, in case of its invalidity, annulment without referral with transmission of the case files to the judge who should have heard the appeal.

This ruling highlights the importance of the correct management of decisions of inadmissibility, which not only halt the proceedings but also require careful review in case of annulment. The Court establishes that, as it is a decision normally issued in the form of an order, the competent judge must be the same one who issued the initial decision, thus avoiding potential conflicts and ensuring continuity in the proceedings.

Conclusions

Judgment No. 25048 of March 30, 2023, represents an important clarification in criminal procedure, as it highlights the crucial role of the judge in managing appeals and related decisions of inadmissibility. This approach not only ensures adequate protection of the rights of the parties involved but also contributes to greater legal certainty, which is fundamental in a modern legal system. Legal professionals should pay attention to this judgment, as it offers practical guidance on how to proceed in similar situations, clarifying the boundaries between inadmissibility and the merits, and emphasizing the importance of proper management of criminal proceedings.