Judgment No. 16138 of 2022: The Validity of Waiving the Suspension of Procedural Deadlines

Judgment No. 16138 of December 20, 2022, represents an important ruling by the Court of Cassation concerning the rights of defendants and the management of procedural deadlines. In this case, the Court clarified a crucial point regarding the waiver of the suspension of procedural deadlines during the holiday period, establishing that such a waiver can be validly made even by only one of the defense counsel, when the defendant is assisted by two lawyers. This decision has profound implications for the right to defense and the efficiency of criminal proceedings.

Context of the Judgment

The case concerned M. J., a defendant assisted by two defense counsel. The central issue was whether the waiver of the suspension of procedural deadlines, contemplated by Article 240-bis, paragraph 2, of the implementing and transitional provisions of the Code of Criminal Procedure, could be made by only one of the defense counsel. The Court quashed without referral the decision of the review court, which had made a decision beyond the statutory deadlines, arguing that the waiver by one of the defense counsel was sufficient.

Analysis of the Maxim and Legal Implications

Waiver of Suspension - Defendant Assisted by Two Defense Counsel - Waiver Made by One of Them - Sufficiency - Case Law. In cases where the defendant is assisted by two defense counsel, the waiver of the suspension of procedural deadlines during the holiday period, as per Article 240-bis, paragraph 2, of the implementing and transitional provisions of the Code of Criminal Procedure, can be validly made by only one of them. (Applying this principle, the Court quashed without referral the decision of the review court, which had been made beyond the statutory deadlines, on the grounds that the waiver of such suspension came from only one of the defendant's co-counsel).

This principle establishes an important simplification for procedural management, as it prevents the defendant from being held hostage by internal dynamics between defense counsel. The waiver of the suspension of deadlines is a strategic choice that can significantly influence the course of the proceedings. If only one defense counsel has the power to proceed with the waiver, greater fluidity and speed in the development of the case are ensured.

Conclusions

Judgment No. 16138 of 2022 offers an important reflection on the flexibility of defense in criminal matters. The Court of Cassation, with this ruling, has confirmed the need to effectively guarantee the right to defense, preventing procedural issues from hindering the progress of the proceedings. The fact that a single defense counsel can waive the suspension of deadlines, without the need for unanimous consent, represents a significant step forward in optimizing criminal procedure, for the benefit of defendants and justice in general.