Commentary on Judgment No. 22009 of 2023: The Deadline for Filing an Extraordinary Appeal for Factual Error

Judgment No. 22009 of April 13, 2023, by the Court of Cassation, offers an important reflection on the peremptory deadline for filing an extraordinary appeal for factual error. This ruling, filed on May 22, 2023, establishes a fundamental principle regarding the commencement of deadlines, which deserves careful analysis.

The Deadline for Filing an Extraordinary Appeal

The Court of Cassation has clarified that the one-hundred-and-eighty-day period, provided for by Article 625-bis, paragraph 2, of the Code of Criminal Procedure, runs from the date of filing of the challenged measure. This aspect is crucial, as it implies that the moment the interested party actually becomes aware of the measure itself is irrelevant. This legislative choice aims to ensure the stability of judicial decisions, preventing an irrevocable conviction from remaining in a state of uncertainty for an indefinite period.

Reasons and Factual Circumstances of the Judgment

In the specific case examined by the Court, it concerned a factual error relating to a judgment of annulment with referral, due to the failure to notify the defense counsel about the scheduled hearing. The Court deemed the appeal inadmissible, emphasizing that the deadline for filing an extraordinary appeal cannot be interpreted in a way that favors an extension of the appeal period.

Extraordinary appeal for factual error - Filing deadline - Peremptory nature - "Dies a quo" - Date of filing of the challenged measure - Reasons - Factual circumstances. The peremptory deadline of one hundred and eighty days set by Article 625-bis, paragraph 2, of the Code of Criminal Procedure for filing an extraordinary appeal for material or factual error contained in a measure by the Court of Cassation runs from the date of filing of the measure itself, irrespective of the subsequent moment when the interested party actually became aware of it, given the need to avoid an irrevocable conviction decision remaining exposed for a potentially indefinite time to a situation of instability, determined by the possibility of filing an extraordinary appeal. (Factual circumstances relating to alleged factual error in the judgment of annulment with referral for failure to notify the defense counsel of the hearing scheduled before the Court of Cassation).

Conclusions

Judgment No. 22009 of 2023 represents an important confirmation of jurisprudence regarding extraordinary appeals for factual error. It highlights how compliance with filing deadlines is essential to ensure legal certainty. Parties involved in criminal proceedings must be aware of these timelines, as failure to comply with them can result in the loss of the opportunity to assert their rights. In an ever-evolving legal landscape, it is crucial to stay updated on the Court's rulings to address legal issues with due preparation and awareness.