Judgment No. 37924 of 2024: Right to Participate in Review Hearings for Precautionary Measures
The recent judgment No. 37924 of September 5, 2024, filed on October 15, 2024, issued by the Court of Cassation, highlights a fundamental principle concerning the right of the interested party to participate during the review proceedings for precautionary measures. This issue is of extreme relevance in the context of criminal law, where personal liberty and the right to defense must always be guaranteed.
The Right to Participate in the Review Hearing
The Court has established that, in cases where a person is subjected to precautionary measures, they have the right to personally appear at the review hearing, even if the request for review was submitted through a supplementary application. This clarification represents a significant step towards ensuring a fair trial, as provided for by Article 6 of the European Convention on Human Rights (ECHR).
Review Hearing - Personal Participation of the Interested Party Subjected to a Measure Restricting Personal Liberty - Right - Exercise Modalities - Application Contained in Supplementary Review Request - Suitability - Conditions. In the review proceedings against orders imposing coercive precautionary measures, a detained or interned person, or one subjected to a measure that practically limits their ability to appear at the chamber hearing, has the right to personally participate even if the relevant application was made in a supplementary review request, provided it is submitted within the time limits set forth in Article 309 of the Code of Criminal Procedure.
Implications of the Judgment
Judgment No. 37924 of 2024 highlights the importance of respecting the procedures and timeframes established by the Italian Code of Criminal Procedure. In particular, Article 309 sets out precise modalities regarding the review of precautionary measures. The Court has emphasized that the right to defense cannot be compromised, even in situations where a supplementary request is made.
- The right to participate is essential to ensure transparency in the proceedings.
- The judgment reaffirms the centrality of the defendant in criminal proceedings.
- Supplementary review applications are considered valid if submitted within the prescribed time limits.
Conclusions
In conclusion, judgment No. 37924 of 2024 represents an important affirmation of the right to defense in the context of precautionary measures. It not only reiterates the defendant's right to actively participate in the review hearing but also offers an opportunity to reflect on the importance of ensuring that every individual can be heard during their trial. This principle is the foundation of a rule of law that protects fundamental freedoms and guarantees a fair trial for all citizens.
