Judgment No. 17419 of 2023: The Court of Cassation on the possibility of appealing a acquittal judgment
Judgment No. 17419 of April 4, 2023, issued by the Court of Cassation, addressed a crucial issue in criminal law: the possibility of appealing acquittal judgments issued by the Judge for Preliminary Investigations (GIP). This article aims to analyze the content of the judgment, highlighting its significant aspects and legal implications for legal professionals and citizens.
Content of the Judgment
The Court affirmed that an acquittal judgment, rendered by the GIP following a request for a criminal decree of conviction, can only be appealed through a Cassation appeal. This statement is particularly relevant as it clarifies the limits of appeals during the preliminary phase, where the GIP's decisions are generally final in the absence of further judicial proceedings.
Request for criminal decree of conviction - Acquittal judgment rendered by the Judge for Preliminary Investigations - Appealable. An acquittal judgment, issued by the Judge for Preliminary Investigations seized with a request for a criminal decree of conviction, can only be appealed through a Cassation appeal.
Legal Implications of the Decision
This decision is part of a broader legal context, in which the Court of Cassation has already expressed similar positions in previous judgments. For example, previous maxims No. 11236 of 2015 and No. 34794 of 2022 had already emphasized the limitation on appealing acquittal judgments. The relevant provisions, including Articles 568 and 459 of the New Code of Criminal Procedure, clearly establish the legal framework within which these decisions are made.
- Article 568: Concerns the methods of appealing judgments.
- Article 459: Governs the procedure for a criminal decree of conviction.
- Article 129: Establishes cases for dismissal of proceedings.
Conclusions
In conclusion, Judgment No. 17419 of 2023 constitutes an important reference point for lawyers and anyone involved in criminal law. It clarifies that, in case of acquittal, the only available remedy is a Cassation appeal, emphasizing the value of legal certainty and the stability of decisions made during the preliminary phase. This ruling prompts reflection on the importance of proper management of criminal proceedings, ensuring that the rights of the parties are always respected and protected.
