Analysis of Judgment No. 25035 of 2023: Late Filing of Conclusions and Court Costs

The recent Judgment No. 25035 of March 16, 2023, issued by the Court of Cassation, offers important clarifications on the emergency regulations and the procedural process in cases of late filing of conclusions by the civil party. In particular, the judgment highlights how, if the defendant's appeal is rejected or declared inadmissible, the civil party that fails to meet the filing deadlines cannot request the award of court costs.

Regulatory Context and the Judgment

The decision is based on Article 23-bis of Legislative Decree of October 29, 2020, No. 137, converted into Law of December 18, 2020, No. 176. This provision establishes that, in proceedings before the Court of Cassation, if the defendant's appeal is rejected or declared inadmissible, the civil party that has filed its conclusions late is not entitled to reimbursement of court costs. The Court, in fact, compared the position of a civil party filing late to that of a party not appearing at the public hearing.

Emergency regulations - Proceedings before the Court of Cassation - Defendant's appeal - Rejection - Late filing of written conclusions by the civil party - Right to reimbursement of court costs - Exclusion - Reasons. In proceedings before the Court of Cassation conducted pursuant to Article 23-bis of Legislative Decree of October 29, 2020, No. 137, converted, with modifications, by Law of December 18, 2020, No. 176, where the defendant's appeal is rejected or declared, for any reason, inadmissible, the civil party that has filed its conclusions late is not entitled to obtain the award of court costs, as its position is analogous to that of a party not personally appearing at the public hearing.

Practical Implications of the Judgment

This judgment has several practical implications for parties involved in criminal proceedings:

• Adherence to Deadlines: It is crucial for civil parties to adhere to the deadlines for filing conclusions, otherwise they risk losing their right to reimbursement of costs.
• Awareness of Risk: Parties must be aware of the risks associated with late filing, as their position may be weakened if the defendant's appeal is rejected.
• Procedural Strategy: The judgment prompts reflection on the procedural strategy to adopt, considering the importance of correct timing.

Conclusions

In conclusion, Judgment No. 25035 of 2023 represents an important step in clarifying the rules on court costs in cases of late filing of conclusions by the civil party. The Court of Cassation, with this decision, reinforces the importance of adhering to procedural deadlines, highlighting how non-compliance can lead to significant consequences. It is therefore essential for parties involved in criminal proceedings to pay attention to deadlines and procedures in order to protect their rights and interests.