Analysis of Judgment No. 22364 of 2023: Investigation Closure and Defense Rights

Judgment No. 22364 of 2023, issued by the Court of Cassation, offers important clarifications regarding the twenty-day period provided for by Article 415-bis of the Code of Criminal Procedure for the submission of defense briefs and requests. In particular, the Court has established that this term is directory in nature, confirming and expanding existing jurisprudence on the defense rights of defendants.

The Directory Nature of the Twenty-Day Period

The Court of Cassation, with the judgment under review, reiterated that the twenty-day period for submitting briefs is not mandatory but directory. This means that defendants can exercise their rights until the request for committal for trial, as provided for by Article 416 of the Code of Criminal Procedure. This interpretation is crucial, as it allows lawyers to prepare a more complete defense, even after this period has elapsed.

Implications of the Failure to Conduct the Interrogation

Notice of investigation closure - Twenty-day period for submitting briefs and requests - Directory nature - Failure to conduct the interrogation requested after twenty days from notification - General nullity with intermediate regime. The twenty-day period from the notification of the notice of investigation closure, provided for by Article 415-bis of the Code of Criminal Procedure for the submission of defense briefs and requests, is directory in nature, so that defense rights can be exercised until the request for committal for trial pursuant to Article 416 of the Code of Criminal Procedure (In its reasoning, the Court added that the failure to conduct the interrogation, requested after the expiry of twenty days from the notification of the notice, but before the request for committal for trial, constitutes a general nullity with an intermediate regime due to infringement of the right of defense).

The Court also emphasized that the failure to conduct the interrogation, if requested after the twenty-day period but before the request for committal for trial, results in a general nullity with an intermediate regime. This implies that the defendant's right of defense has been violated, and such a violation can have significant consequences for the proceedings.

Conclusions

Judgment No. 22364 of 2023 represents a step forward in the protection of defense rights in Italy. The clarification on the directory nature of the twenty-day period offers lawyers greater tools to ensure adequate defense for their clients. Furthermore, the affirmation of nullity for the failure to conduct the interrogation reiterates the importance of respecting procedures to safeguard the fundamental rights of defendants. This case underscores the importance of careful analysis of the timing and methods for exercising defense rights during preliminary investigations, to ensure a fair trial and the protection of human rights.