Analysis of Judgment No. 15718 of 2023: Procedural Deadlines and Their Calculation

Judgment No. 15718 of 2023 by the Court of Cassation represents an important reflection on the subject of procedural deadlines, particularly concerning the filing of submissions with the court registry. With this decision, the Court has clarified certain fundamental aspects of criminal proceedings, making explicit the method for calculating the deadlines provided for by Article 127, paragraph 2, of the Code of Criminal Procedure.

Context of the Judgment

The Court examined a case where the public prosecutor had filed submissions and related attachments with the registry only four days before the hearing scheduled for the consideration of the precautionary appeal. The central issue concerned the calculation of the five-day deadline before the hearing, and whether it was correct to include the day of the hearing itself and the day of filing the submissions in the calculation. The Court ruled that both the “dies a quo” and the “dies ad quem” must be excluded from the count, which led to the annulment with referral of the decision of the review court.

Filing of submissions with the registry up to five days before the hearing pursuant to Art. 127, paragraph 2, Code of Criminal Procedure – Calculation of the deadline – Exclusion of the “dies a quo” and the “dies ad quem” – Case. In the matter of procedural deadlines, for the purpose of calculating the five-day deadline before the hearing provided for by Art. 127, paragraph 2, Code of Criminal Procedure for the filing of submissions with the registry, both the "dies a quo" and the "dies ad quem" must be excluded. (Case in which the Court annulled with referral the decision of the review court, as it was based on submissions and related attachments filed with the registry by the public prosecutor four days before the hearing set for the consideration of the precautionary appeal).

Legal Implications of the Judgment

This judgment has a significant impact on the management of procedural deadlines. It underscores the importance of a correct interpretation of the rules governing deadlines, contributing to ensuring a fair and equitable process. The main legal implications of the judgment can be summarized as follows:

• Exclusion of the start and end days in the calculation of procedural deadlines.
• Reinforcement of the necessity to comply with deadlines to ensure the regularity of the proceedings.
• Possibility of annulling decisions based on an incorrect calculation of deadlines.

Conclusions

Judgment No. 15718 of 2023 represents an important step forward in the understanding and application of rules on procedural deadlines. The correct interpretation of the provisions of Article 127, paragraph 2, of the Code of Criminal Procedure is crucial for ensuring the integrity of criminal proceedings. Legal professionals must pay particular attention to these aspects, not only to avoid legal issues but also to ensure a fair trial for all parties involved.