Order no. 16385 of 2024: Striking off the roll and the interruption of proceedings

In the field of civil procedural law, order no. 16385 of June 12, 2024, issued by the Court of Cassation, offers significant insights regarding the striking off the roll of lawyers who exercise personal defence. This ruling, issued by President G. T. and rapporteur F. F., clarifies crucial aspects concerning the consequences of such striking off in the context of the interruption of proceedings.

The regulatory framework

The central issue addressed in the judgment concerns Article 86 of the Code of Civil Procedure (c.p.c.), which allows a lawyer to exercise personal defence, and Article 301 of the c.p.c., which governs the hypotheses of interruption of proceedings. The Court ruled that voluntary striking off the roll does not constitute a hypothesis of interruption within the meaning of Article 301 of the c.p.c.

In general. Voluntary striking off the roll of lawyers obtained by a professional exercising personal defence pursuant to art. 86 c.p.c. does not constitute a relevant hypothesis for the purposes of interruption under art. 301 c.p.c., as it falls outside the protection of the right of defence to provoke the interruption of proceedings at one's own will, thus imposing on the other parties an implicit and constant burden of verification, at all times of the trial, of the continued existence of the necessary qualification to exercise the office of defence counsel.

Implications of the judgment

This judgment has important repercussions for lawyers who decide to exercise personal defence. Here are some key considerations:

• Voluntary striking off should not be understood as a means to interrupt proceedings at will.
• The other parties involved in the trial are exempted from the burden of constantly verifying the defence counsel's qualification after being struck off the roll.
• The right of defence must remain guaranteed, preventing a lawyer from altering the course of proceedings in their favour.

Conclusions

In summary, order no. 16385 of 2024 represents an important step in the protection of the right of defence within civil proceedings. It clearly establishes that the striking off the roll of a lawyer exercising personal defence cannot be used as a tool to interrupt proceedings, thus ensuring greater stability and certainty for all parties involved. This principle is fundamental to guaranteeing the fairness and regularity of judicial proceedings.