Judgment No. 20834 of 2023: Nullity of Acts in Abbreviated Proceedings

The recent judgment No. 20834 of March 1, 2023, filed on May 16, 2023, has raised important questions regarding the evaluation of acts within abbreviated proceedings. This decision by the Court of Cassation significantly addresses the issue of the nullity of acts and their usability, establishing fundamental principles that deserve careful analysis.

Context and Case Facts

The case concerns the defendant O. P.M., and focuses on the validity of evidence presented during the proceedings. In particular, the Court had to examine whether acts with absolute nullity defects or pathological unusability could be evaluated.

Principles Established by the Judgment

A crucial aspect of the judgment is represented by the maxim which states:

Acts vitiated by absolute nullity or pathological unusability - Evaluation - Exclusion - Reasons - Factual situation. In the context of abbreviated proceedings, acts affected by absolute nullity and pathological unusability cannot be evaluated, as no derogation is provided for the ex officio ascertainment and the non-curability of such defects. (Factual situation in which the Court deemed the deposition made by the subject questioned by the judicial police as a person informed of the facts, who, instead, should have been heard, from the outset, as a suspect, to be unusable "erga omnes").

This wording emphasizes the impossibility of considering acts with absolute nullity defects as valid, highlighting that such defects must be ascertained ex officio by the judge. The Court, in fact, excluded the possibility of curing defects of such magnitude, which compromise not only the individual act but the entire process.

Implications for Criminal Proceedings

The implications of this judgment are manifold:

• Strengthening of the defendant's rights: absolute nullity protects the defendant's interests, ensuring a fair trial.
• Clarity in legislation: the judgment provides important guidance for judges, clarifying the limits of act evaluation.
• Prevention of abuses: the exclusion of acts vitiated by absolute nullity prevents unreliable evidence from influencing the outcome of the trial.

This decision is part of a broader legal context, referencing provisions of the New Code of Criminal Procedure, such as Articles 63, 179, and 191, which deal respectively with the nullity of acts and the unusability of evidence.

Conclusions

In conclusion, judgment No. 20834 of 2023 represents an important milestone in Italian jurisprudence regarding abbreviated proceedings. It reaffirms the need to respect the rights of defendants and to ensure the integrity of criminal proceedings. The ascertainment of nullity defects must be a cornerstone principle, not only to ensure the reliability of the legal system but also to protect the fundamental rights of individuals involved in the proceedings.