Judgment No. 23587 of 2023: Nullity of the Act and Emergency Regulations

The recent judgment No. 23587 of March 1, 2023, by the Court of Cassation has raised an interesting debate on the nullity of procedural acts, particularly regarding the omission of the emergency regulations for containing the COVID-19 pandemic. In this article, we analyze the content of the judgment, its implications, and the relevant legislation.

The Case and the Court's Decision

The case concerns a summons for an appeal hearing, in which the emergency regulations provided for by art. 23-bis of Legislative Decree of October 28, 2020, No. 137, were not indicated. The Court of Appeal of Milan had declared the appeal inadmissible, raising the issue of the nullity of the act due to this omission. However, the Court of Cassation, with judgment No. 23587, ruled that the failure to indicate the emergency regulations does not lead to the nullity of the act, referring to the exhaustive nature of procedural defects.

19 of art. 23-bis of Legislative Decree of October 28, 2020, No. 137, extended by art. 16, paragraph 1, of Legislative Decree of December 30, 2021, No. 228, converted, with modifications, by Law of February 25, 2022, No. 15, does not result in the nullity of the act, given the exhaustive nature of such procedural defects.

Implications of the Judgment

This ruling is particularly relevant for several reasons:

• Clarity on Nullity: The Court clarified that the omission of emergency regulations is not, in itself, sufficient to declare an act null and void, highlighting a certain flexibility in handling such matters.
• Legal References: The judgment is based on a precise interpretation of emergency and procedural rules, confirming the importance of following legislative guidelines in extraordinary contexts.
• Evolution of Case Law: This case is part of a line of case law that tends to simplify and streamline criminal proceedings, especially in times of emergency.

Conclusions

Judgment No. 23587 of 2023 represents an important step in understanding criminal procedures in emergency contexts. The decision of the Court of Cassation not only offers clarification on the issue of the nullity of acts but also invites reflection on the importance of the correct application of emergency regulations in criminal proceedings. With the evolving pandemic situation and related regulations, it is crucial for legal professionals to stay updated and prepared to face the legal challenges that may arise.