Commentary on Judgment No. 14854 of 2023: Nullity for Late Filing in Cartulary Appeal Proceedings

The recent judgment No. 14854 of January 25, 2023, offers important food for thought for legal professionals, particularly concerning the regulation of cartulary appeal proceedings. In this context, the Court of Cassation annulled, without referral, a decision by the Court of Appeal of Milan, establishing that the late filing of written conclusions by the Public Prosecutor constitutes a general nullity of intermediate effect. This ruling is part of the emergency measures adopted to address the Covid-19 pandemic.

The Regulatory Framework and Emergency Provisions

Cartulary proceedings are a procedure provided for by the Italian Code of Criminal Procedure, characterized by particular speed and simplification, which proved particularly useful during the health crisis. However, the legislative amendments introduced by Decree-Law No. 137 of 2020, converted by Law No. 176 of 2020, imposed deadlines and filing methods that must be strictly followed. Article 23-bis of this decree establishes specific timelines for the filing of conclusions, and it is on this point that the Court's attention was focused.

Nullity for Late Filing: A Practical Case

Cartulary appeal proceedings - Emergency regulations for the containment of the Covid-19 pandemic - Written conclusions of the Public Prosecutor - Late filing - General nullity of intermediate effect - Existence - Reasons. In cartulary appeal proceedings conducted under the emergency regulations for the containment of the Covid-19 pandemic, the late filing, by the Public Prosecutor, of written conclusions for the hearing, which occurred after the defense had filed its own conclusions, constitutes a general nullity of intermediate effect, for violation of Article 178, paragraph 1, letter c), of the Code of Criminal Procedure, as it impacts the defendant's effective participation in the proceedings and the exercise of defense rights. An additional burden of reply for the defense cannot be hypothesized, in violation of the temporal sequences provided for by Article 23-bis of Decree-Law of October 28, 2020, No. 137, converted, with amendments, by Law of December 18, 2020, No. 176.

In the specific case, the filing of conclusions by the Public Prosecutor occurred after the defense had already submitted its own, creating an imbalance. The Court emphasized that this late filing not only violated the established timelines but also compromised the defendant's effective participation and their right to defense. This aspect is fundamental in criminal procedural law, where adherence to timelines is crucial to ensure a fair trial.

Conclusions

Judgment No. 14854 of 2023 reminds us of the importance of adhering to procedural rules, especially during periods of emergency. The decisions of the Court of Cassation regarding nullity for late filing not only protect the rights of defendants but also affirm a principle of justice that must be guaranteed at every stage of the proceedings. Legal professionals must pay particular attention to these provisions to ensure that criminal proceedings remain a bulwark of fairness and justice, even in extraordinary situations.