Analysis of Judgment No. 23015 of 2023: Burden of Proof and Inadmissibility of Acts in the Court of Cassation

Judgment No. 23015 of April 19, 2023, of the Court of Cassation, filed on May 25, 2023, offers important clarifications regarding the burden of proof on the party raising the exception of inadmissibility of an act. In particular, the Court affirmed that the burden of specifying the documents on which the exception is based and of attaching them, if not already included in the case file, rests on the appellant.

The Legal Context of the Judgment

The case concerns the defendant M. B., who raised an exception of inadmissibility of telephone interceptions, arguing that they had been ordered in a different proceeding and for an unrelated crime. However, the Court declared the appeal inadmissible because M. B. did not provide the necessary documentation to support his claim.

• Burden of Proof: the appellant must prove inadmissibility.
• Documentation: specific documents must be produced.
• Case Law: the judgment aligns with previous case law.

Deduction of grounds for inadmissibility - Burden of indication and formal production on the appellant - Factual situation. In the context of an appeal to the Court of Cassation, the burden of specifically indicating the documents on which the exception is based and of attaching them, if they are not part of the case file transmitted to the appellate judge, rests on the party alleging the inadmissibility of an act. (In application of this principle, the Court declared inadmissible the ground of appeal by which the defendant had alleged, without however documenting it, that the telephone interceptions had been ordered in a different proceeding and for a crime unrelated to the one for which he had been convicted).

Practical Implications of the Judgment

This judgment highlights the importance of correct and complete documentary production by those raising exceptions in an appeal. In a legal context where precision and clarity are fundamental, the lack of documentary support can lead to the inadmissibility of the appeal. The Court's decision is part of a consolidated line of case law, as evidenced by the legislative references, including the new Code of Criminal Procedure.

It is therefore essential that lawyers and parties involved in criminal proceedings are aware of these burdens, in order to avoid rights and defenses being compromised by procedural errors.

Conclusions

Judgment No. 23015 of 2023 represents a clear warning to appellants before the Court of Cassation. It underscores the importance of adequately documenting one's arguments, particularly when raising issues of inadmissibility of acts. This principle is not merely a matter of form but a necessity to ensure the right to adequate defense. Case law continues to evolve, and with it, the responsibilities of parties involved in criminal proceedings.