Waiver of Grounds for Appeal to the Court of Cassation: Ordinance No. 16626 of 2025 and the Role of the Defense Counsel

An appeal to the Court of Cassation is a crucial stage of civil proceedings. Ordinance No. 16626 of June 21, 2025, presided over by S. E. and drafted by M. G., clarifies a fundamental aspect: the waiver of one or more grounds of appeal. This ruling clearly distinguishes such an act from the waiver of the entire appeal pursuant to art. 390 of the Code of Civil Procedure (c.p.c.), emphasizing the technical autonomy of the defense counsel.

Appeals to the Court of Cassation: A Review of Law

Appeals to the Court of Cassation do not re-examine the merits of the case but verify the correct application of legal rules. The "grounds" are the legal reasons that a party believes are erroneous in the appealed judgment. The selection and management of these grounds represent a delicate procedural strategy, entrusted to the lawyer's competence.

The Holding of Ordinance 16626/2025: The Discretion of Defense Counsel

Ordinance No. 16626/2025, arising from the appeal of L. Z. against C. M., addresses the formalities for waiving grounds. The Supreme Court has established:

The waiver of one or more grounds of appeal, unlike that provided for by art. 390 c.p.c., does not require the party's signature or the issuance of a specific mandate, as it does not involve the disposition of the right in dispute, but rather constitutes an expression of a technical assessment concerning the most opportune methods for exercising the right to appeal, which is left to the discretion of the defense counsel; therefore, any assessment regarding the merits of the objections raised by the grounds subject to waiver must be considered superfluous.

This ruling is extremely clear. The waiver of individual grounds is distinctly different from the waiver of the entire appeal (art. 390 c.p.c.). The latter, implying definitive acquiescence, requires the party's signature or a special mandate, as it affects the substantive right. Conversely, the waiver of one or more grounds is not a "disposition of the right in dispute" but a strategic and technical choice by the defense counsel, who assesses the probability of success of the objections. Formal acts by the party or ad hoc mandates are not required.

Practical Implications and Benefits for the Defense

This interpretation has significant practical implications:

• Strategic Flexibility: The lawyer can adapt the defense to new assessments without formal authorizations for each individual ground.
• Procedural Efficiency: Bureaucratic delays are avoided, accelerating the proceedings.
• Resource Optimization: The defense counsel can focus the Court's attention on the strongest grounds, maximizing the chances of acceptance.
• Professional Recognition: The ruling values the technical role of the lawyer, confirming their broad discretion in strategic choices.

Conclusions: Clarity and Efficiency in Appeals

Ordinance No. 16626 of 2025 provides clear guidance for civil appeals. By defining the limits of the defense counsel's autonomy in waiving grounds, the Supreme Court values the lawyer's professionalism. This distinction between waiving the right to appeal and the technical management of grounds contributes to more targeted and efficient legal action before the Court of Cassation, benefiting swifter and more attentive justice.