Commentary on Judgment No. 15657 of 2023: General Nullity on Appeal
Judgment No. 15657 of 2023, issued by the Court of Cassation, offers an important reflection on the emergency provisions introduced to address the Covid-19 pandemic. Specifically, it focuses on the issue of general nullity arising from the failure to communicate the Prosecutor General's conclusions to the defense counsel in appeal proceedings. This aspect is particularly relevant in a context where the conduct of hearings has been profoundly altered by the health emergency.
Regulatory and Procedural Context
The judgment under review aligns with the provisions of Decree-Law No. 137 of 2020, converted into Law No. 176 of 2020, which introduced Article 23-bis on written proceedings. Pursuant to these rules, criminal proceedings have accelerated towards electronic and simplified procedures, aiming to ensure the continuity of justice even during a health crisis. However, this acceleration has raised questions about the protection of the rights of the parties involved.
General Nullity
The Court clarified that the failure to communicate the Prosecutor General's conclusions to the defendant's defense counsel results in a general nullity of intermediate effect. This nullity is significant because it not only affects the right to defense but is also deductible through a cassation appeal, even if the defense counsel has submitted written conclusions without exception. This decision highlights how, despite the need for speed imposed by the pandemic, fundamental procedural guarantees cannot be disregarded.
Emergency regulations for the containment of the Covid-19 pandemic - Written proceedings on appeal pursuant to art. 23-bis of d.l. no. 137 of 2020, converted, with amendments, into law 176 of 2020 - Written conclusions of the Prosecutor General - Failure to communicate to defense counsel - General nullity of intermediate effect - Existence - Deductibility. In written appeal proceedings conducted under the emergency regulations for the containment of the Covid-19 pandemic, the failure to communicate the Prosecutor General's conclusions electronically to the defendant's defense counsel results in a general nullity of intermediate effect, deductible through a cassation appeal even by the defense counsel who submitted written conclusions in the appeal proceedings without raising any objections.
Implications of the Judgment
The ruling of the Court of Cassation, in addition to reinforcing the principle of safeguarding the right to defense, serves as an important precedent for similar future cases. With the increasing digitalization of criminal proceedings, it is crucial that communication and information standards between parties are respected. Judgment No. 15657 of 2023, therefore, acts as a reminder of the need for a balance between efficiency requirements and the protection of fundamental rights.
- Strengthening the right to defense
- Need for adequate electronic communications
- Potential repercussions on future criminal proceedings
Conclusions
In conclusion, Judgment No. 15657 of 2023 represents an important step in building a judicial system that, while facing the challenges posed by the pandemic, does not forget fundamental procedural guarantees. The protection of the right to defense, especially in times of emergency, must remain a priority so that justice can be administered fairly and transparently.
