Defender's Impediment: Analysis of Judgment No. 38270/2024

The recent judgment No. 38270 of July 9, 2024, by the Court of Appeal of L'Aquila offers significant insights into the issue of defender's impediment in an appellate proceeding. The central question concerns the admissibility of a request for adjournment of the hearing to a written-only hearing in the absence of a timely request for oral argument. In this article, we will examine the content of the judgment and its implications for criminal procedural law.

Context of the Judgment

In the case at hand, the Court rejected the request for adjournment of the hearing filed by the defendant's counsel, C. D. G., arguing that, in appellate proceedings conducted with a non-participatory written-only procedure, the provision of Article 420-ter of the Code of Criminal Procedure does not apply. This article, in fact, governs situations of legitimate impediment to appear, but it does not apply when the personal appearance of the defender is not required.

Defender's Impediment - Request for Adjournment of Hearing to Written-Only Hearing - Admissibility - Exclusion - Reasons. In appellate proceedings, where a non-participatory written-only procedure is followed due to the absence of a timely request for oral argument, the provision of Article 420-ter of the Code of Criminal Procedure regarding the legitimate impediment of the defendant's counsel to appear does not apply, as their personal appearance is not required.

Implications of the Judgment

This stance by the Court of Appeal of L'Aquila underscores how the principle of speed in criminal proceedings, provided for by Article 111 of the Italian Constitution, requires careful consideration of the timing and methods for submitting adjournment requests. The decision emphasizes the defender's responsibility to act promptly in order to avoid precluding the possibility of oral argument.

Italian and European regulations, in fact, protect the right to defense, but it is crucial for legal professionals to be proactive in meeting procedural deadlines. Judgment No. 38270/2024 also refers to recent legislative provisions, such as Decree-Law No. 137 of October 28, 2020, which introduced specific provisions regarding the management of hearings during the health emergency.

Conclusions

In summary, judgment No. 38270/2024 by the Court of Appeal of L'Aquila represents an important guide for legal practitioners, highlighting how to manage adjournment requests in the context of a written-only procedure. It is essential for defenders to be aware of the required timing and procedures to ensure effective defense and respect for the rights of the accused. Jurisprudence continues to evolve and reflect on the needs of a legal system increasingly focused on the speed and efficiency of proceedings.