Commentary on Judgment No. 35131 of 2023: Extraordinary Appeal for Factual Error
Judgment No. 35131 of 2023 by the Court of Cassation offers important clarifications regarding the extraordinary appeal for factual error. This ruling is situated within the Italian legal context, providing guidance on how the Court can handle cases of manifest error in its decisions. Specifically, the judgment emphasizes the distinction between the rescissory and rescinded phases, clarifying that the procedure does not necessarily need to be structured in two distinct phases.
The Regulatory Framework
The relevant provision is Article 625-bis, paragraph 4, of the Code of Criminal Procedure, which stipulates that if the request for an extraordinary appeal for factual error is granted, the Court of Cassation must adopt the necessary measures to correct the error. The peculiarity of this judgment lies in the fact that the Court has the discretion to issue an immediate ruling, directly replacing the flawed decision, without necessarily proceeding to a hearing for renewed judgment.
Extraordinary appeal for factual error - Procedure - Distinction between rescissory and rescinded phases - Exclusion - Rescissory judgment - Chamber procedure - Admissibility. Regarding the extraordinary appeal for factual error, as Article 625-bis, paragraph 4, of the Code of Criminal Procedure provides that the Court of Cassation, if it grants the request, shall adopt the necessary measures to correct the error, the conclusion of the procedure does not necessarily need to be structured in the two distinct phases of immediate invalidation of the flawed decision and the subsequent hearing for the renewed judgment on the previous cassation appeal. An immediate decision can be issued, which, if it grants the appeal, replaces the previous one. Consequently, the rescissory judgment can be conducted through chamber procedure even if the annulled judgment of the Court of Cassation was rendered after a public hearing.
Implications of the Judgment
This judgment has several practical implications. Firstly, it offers an important tool for defense counsel seeking to challenge a Cassation judgment deemed erroneous. The possibility of a rescissory judgment through chamber procedure represents an acceleration of procedural times, favoring a quicker resolution of disputes. Furthermore, the judgment aligns with previous case law, such as rulings No. 17178 and No. 29285 of 2015, thus consolidating a judicial trend that aims to simplify and make the procedure for correcting factual errors more efficient.
- Clarity in distinguishing the procedural phases.
- Possibility of immediate error correction.
- Chamber procedure as a tool for procedural acceleration.
Conclusions
In conclusion, Judgment No. 35131 of 2023 represents a significant step in Italian jurisprudence concerning the extraordinary appeal for factual error. It not only clarifies the procedural modalities but also offers an important opportunity to ensure swifter and more efficient justice. It is crucial for legal professionals and citizens to be aware of these developments to fully benefit from the protections offered by the legal system.
