Commentary on Judgment No. 14509 of 2023: Public Prosecutor's Liability in Direct Citation Offenses

The recent ruling by the Court of Cassation, with judgment No. 14509 of March 3, 2023, provides important clarifications regarding the procedural admissibility of direct citation offenses. This decision is part of a complex regulatory and jurisprudential framework, where the correct execution of trial court judge's orders plays a central role in protecting the rights of the accused and in the effectiveness of criminal proceedings.

The Case and the Ruling's Headnote

Direct citation offenses - Order by the trial court judge directing the transmission of the case file to the public prosecutor for a request for indictment - Error - Consequences - Public prosecutor's obligation to comply or appeal - Reasons. In the context of offenses subject to direct citation, if the trial court judge has erroneously ordered the return of the case file to the public prosecutor for a request for indictment, the latter cannot disregard this order but is obliged to comply with it or may appeal it through a cassation appeal. (In its reasoning, the Court added that, in the different case where the public prosecutor initiates criminal proceedings with a request for indictment, even if not provided for the offenses for which they are proceeding, no nullity arises, as this is a more guaranteed option for the accused).

The Court established that, in case of an error by the trial court judge in ordering the return of the case file to the public prosecutor, the latter has the obligation to comply with it. This aspect is crucial, as it underscores the public prosecutor's responsibility to follow the judge's instructions, thereby avoiding potential violations of the accused's rights.

Practical Implications of the Judgment

Judgment No. 14509 not only clarifies the role of the public prosecutor but also offers important points for reflection on the following issues:

• Obligation to comply with orders: The judgment highlights that the public prosecutor cannot ignore the judge's instructions but must fulfill their duties.
• Possibility of appeal: If the public prosecutor believes the order is erroneous, they have the right to appeal the decision through a cassation appeal.
• Guarantee for the accused: The initiation of criminal proceedings, even in case of error, does not result in nullity but represents a form of protection for the rights of the accused.

Conclusions

In conclusion, judgment No. 14509 of 2023 represents a significant step towards greater clarity and accountability in the Italian criminal justice system. The Court of Cassation, with its decision, reiterates the importance of respecting procedures and the rights of the accused, highlighting how a judge's error cannot compromise substantive justice. This judgment is destined to influence future judicial practices and the manner of intervention by the public prosecutor, ensuring that decisions are always oriented towards the protection of fundamental rights.