Commentary on Judgment No. 34097 of 2023: Public Prosecutor's Incidental Appeal and Abbreviated Proceedings
Judgment No. 34097 of June 28, 2023, issued by the Court of Cassation, offers important clarification regarding the methods of appealing judgments within the context of abbreviated proceedings. Specifically, the Court ruled on the admissibility of an incidental appeal by the public prosecutor, confirming the non-appealability of such action and outlining the conditions for a potential appeal to the Court of Cassation.
Legal Context
Abbreviated proceedings represent a simplified procedure that allows the defendant to obtain a reduction in trial times and, potentially, in the sentence. However, the rules governing this procedure, particularly Article 443, paragraph 3, of the Code of Criminal Procedure, establish precise limits regarding the public prosecutor's intervention in the appeal phase. This article, in fact, excludes the possibility for the public prosecutor to appeal against conviction judgments.
Violation of law in the determination of the penalty - Public prosecutor's incidental appeal - Admissibility - Exclusion - Conversion into appeal to the Court of Cassation - Conditions - Reasons. In matters of abbreviated proceedings, the public prosecutor cannot file an incidental appeal against a conviction judgment rendered at the conclusion of abbreviated proceedings without a change in the charge contested, by asserting the violation of law in the determination of the penalty, being able to file only an appeal to the Court of Cassation, which, however, converts into an appeal in case of a simultaneous appeal by the defendant, with the aim of Article 580 of the Code of Criminal Procedure – aimed at preventing the filing of different means of appeal from leading to incompatible procedural outcomes – prevailing over the non-appealability by the public prosecutor established by Article 443, paragraph 3, of the Code of Criminal Procedure.
Implications of the Judgment
The Court reiterated that, in the event of an appeal by the public prosecutor, this can only occur through an appeal to the Court of Cassation, and not by means of an incidental appeal. This position is motivated by the need to ensure a fair trial and to avoid conflicts between different means of appeal. Indeed, Article 580 of the Code of Criminal Procedure aims to prevent situations where judicial decisions may result in contradictions.
- Recognition of the non-appealability of the public prosecutor's incidental appeal.
- Need for a clear distinction between means of appeal.
- Promotion of legal certainty and the stability of judgments.
Conclusions
Judgment No. 34097 of 2023 constitutes an important reference point for Italian jurisprudence on appeals in abbreviated proceedings. It not only clarifies the role and limits of the public prosecutor but also emphasizes the importance of maintaining a coherent and contradiction-free legal system. For those operating in the legal sector, understanding these dynamics is fundamental to ensuring adequate defense and respecting the rights of all parties involved.
