Analysis of Judgment No. 21432 of 2023: Appeals and Specificity of Requests

The recent judgment No. 21432 of March 15, 2023, by the Court of Cassation has reignited the debate on the specificity of requests in appeals. The Court declared the appeal inadmissible due to a lack of specificity, emphasizing a crucial aspect of criminal procedural law. In this article, we will delve into the content of the judgment and its implications for the Italian legal system.

Context of the Judgment

The Court of Appeal of Naples, in its decision of May 23, 2022, had addressed the case of a defendant, I. P.M. Marinelli Felicetta, who had appealed the rejection of her request for a conditional abbreviated judgment. The Court found that the grievance presented was not sufficiently specific, leading to the inadmissibility of the appeal.

Appeals - Specificity of requests - Necessity - Lack - Consequences - Case law. In matters of appeals, an appeal of an independent point of the contested decision, which has not been proposed through the assertion of a specific and independent request, is inadmissible for lack of specificity of the requests, pursuant to Article 581, paragraph 1, letter c), of the Code of Criminal Procedure. (In application of this principle, the Court deemed inadmissible the grievance concerning the rejection of the request for a conditional abbreviated judgment, formulated with the ground alleging the non-existence of the constituent elements of the crime, as this constituted an independent point of the decision).

Implications of the Judgment

The decision of the Court of Cassation underscores the importance of specificity in appeals. According to Article 581, paragraph 1, letter c), of the Code of Criminal Procedure, appellate requests must be expressed clearly and specifically. The lack of such specificity can lead to the inadmissibility of the request, as highlighted in the judgment under review.

• Specificity is fundamental to ensuring a fair trial.
• Parties must be clear and concise in their requests.
• Adherence to this principle avoids unnecessary delays and complications in judicial proceedings.

Conclusions

Judgment No. 21432 of 2023 represents an important reminder of the care required in formulating appeals. Legal professionals must pay particular attention to this aspect to ensure that requests are formulated specifically and independently, thereby avoiding the risk of inadmissibility. The Court of Cassation, through this decision, reiterates that the right to defense cannot be separated from a correct and clear exposition of the legal issues submitted to the judge.