Commentary on Judgment No. 21375 of 2023: Absolute Nullity for Failure to Notify in Surveillance Proceedings

The recent ruling by the Court of Cassation, in judgment No. 21375 of March 2, 2023, has shed light on a crucial issue in criminal law, namely the importance of notifying parties in surveillance proceedings. The Court has established that the failure to notify the interested party of the hearing date results in the absolute nullity of the final measure of the proceeding. In this article, we will analyze the details of the judgment and its implications for the legal system.

The Judgment and the Legal Context

The Court of Cassation, presided over by F. C. and with A. C. as rapporteur, examined the case of B. C., annulling with referral the decision of the Rome Surveillance Court. The central issue concerned the failure to notify the interested party of the hearing, an act which, according to the combined provisions of Articles 178, paragraph 1, letter c), and 179, paragraph 1 of the Code of Criminal Procedure, is fundamental to guaranteeing the right to defense. The headnote of the judgment reads:

Hearing before the surveillance court - Omitted notice to the interested party - Consequences - Absolute nullity. The failure to notify the interested party of the notice of the hearing date before the surveillance court results in absolute nullity of the final measure of the proceeding, pursuant to the combined provisions of Articles 178, paragraph 1, letter c), and 179, paragraph 1, of the Code of Criminal Procedure.

Implications of the Judgment

This judgment has significant repercussions on the criminal justice system and the protection of defendants' rights. Here are some key points:

• Right to Defense: The Court reaffirms the fundamental principle of the right to defense, emphasizing that every interested party must be placed in a position to participate in proceedings concerning them.
• Absolute Nullity: Failure to notify is not a formal error but a defect that compromises the validity of the proceeding, leading to absolute nullity.
• Jurisprudential Precedents: The judgment is part of an already established line of jurisprudence, as highlighted by previous decisions that have addressed the same issue.

Conclusions

In conclusion, judgment No. 21375 of 2023 by the Court of Cassation not only clarifies the relevance of notification in surveillance proceedings but also reaffirms the importance of respecting procedural rights. The absolute nullity established in cases of omitted notification represents a fundamental safeguard for the proper conduct of criminal proceedings, ensuring that no defendant is deprived of their right to be informed and to actively participate in their defense. Legal practitioners will need to pay particular attention to this aspect in future surveillance proceedings to avoid similar issues and ensure a fair trial.