Immediate and Abbreviated Proceedings: Analysis of Judgment No. 35896 of 2023

Judgment No. 35896 of May 3, 2023, filed on August 29 of the same year, serves as an important reference point in Italian jurisprudence concerning immediate and abbreviated proceedings. In particular, the Court of Cassation has clarified certain critical aspects related to the inadmissibility of investigative acts carried out after the issuance of the decree for immediate proceedings. These issues are fundamental to understanding the rights of the accused and the procedural dynamics that characterize the Italian judicial system.

Context of the Judgment

The Court examined a case where, after the request for immediate proceedings, further investigative acts were carried out. The Court's decision established that such acts are subject to relative inadmissibility, unless challenged before admission to the abbreviated procedure. This point is crucial for lawyers and the accused, as it places an onus on the accused to take action.

Implications for the Defense

With the maxim

Immediate Proceedings - Request for Abbreviated Judgment - Investigative Acts Carried Out After Issuance of Immediate Proceedings Decree - Relative Inadmissibility - Reasons - Condonation - Conditions. In the context of abbreviated proceedings initiated following a request for immediate proceedings, investigative acts undertaken by the public prosecutor after the issuance of the decree ordering immediate proceedings, altering the evidentiary platform on which the request for abbreviated proceedings was based, are subject to relative inadmissibility, which is condoned if not raised before admission to abbreviated proceedings. (In its reasoning, the Court specified that it is the duty of the accused to request, at the hearing set for the special procedure, the exclusion of supplementary investigative acts that arose after the request for abbreviated proceedings was made, as they are not entitled to request the revocation of the application for admission to such procedure).

the Court has outlined a clear framework: the accused must be proactive in protecting their rights, requesting the exclusion of acts that could compromise their position. This aspect highlights the importance of a well-articulated and timely defense strategy.

• Immediate and abbreviated proceedings are procedural tools that can significantly influence the outcome of a trial.
• The responsibility to protect one's rights falls on the accused, who must know how to act promptly.
• The distinction between absolute and relative inadmissibility is fundamental for the defense.

Conclusions

Judgment No. 35896 of 2023 represents an important clarification in the Italian legal landscape regarding immediate and abbreviated proceedings. It emphasizes not only the procedural dynamics but also the importance of attention from lawyers and the accused in managing evidentiary evidence. Knowing one's responsibilities and procedural rights is essential for an effective defense, and the Court has provided valuable guidance in this regard. In an ever-evolving legal context, the correct interpretation and application of the rules can make the difference between a fair and an unfair trial.