Analysis of Judgment No. 36768 of 2023: Preliminary Reference and Territorial Jurisdiction

Judgment No. 36768 of July 18, 2023, filed on September 5, 2023, offers important clarifications regarding the issue of territorial jurisdiction in criminal proceedings. In particular, the Court of Cassation ruled on the preliminary reference provided for by art. 24-bis of the Code of Criminal Procedure, highlighting how such a measure does not entail an actual suspension of the proceedings.

The Regulatory Context

The preliminary reference, governed by art. 24-bis of the Code of Criminal Procedure, is implemented when a judge raises the issue of territorial jurisdiction to the Court of Cassation. However, the judgment clarifies that such a reference does not cause a suspension of the proceedings. This aspect is crucial to ensure the regular conduct of criminal proceedings and to avoid undue delays.

The Ruling's Headnote

Territorial Jurisdiction – Determination – Preliminary Reference to the Court of Cassation pursuant to art. 24-bis Code of Criminal Procedure – Suspensive Effect – Exclusion – Reasons – Order by which the judge, following the referral of the jurisdictional issue to the Court of Cassation, orders the continuation of the proceedings before himself – Abnormality – Exclusion – Reasons. The order by which the judge, pursuant to art. 24-bis Code of Criminal Procedure, refers to the Court of Cassation the issue concerning territorial jurisdiction does not have a suspensive effect on the proceedings, due to the applicability to the preliminary reference of the provision of art. 30, paragraph 3, Code of Criminal Procedure. (In its reasoning, the Court added that the order by which the judge, following the referral of such an issue, orders, "ex officio" and outside of a hearing, the continuation of the trial before himself is not abnormal, as it serves merely to advance the proceedings, lacks decisive value and content, and produces neither a procedural standstill nor an undue regression of the proceedings).

The Court reiterated that the preliminary reference does not lead to a standstill in the proceedings but only serves to advance them. This means that the judge can continue to perform his functions without having to wait for the Court of Cassation's decision on the jurisdictional issue.

Practical Implications

• Procedural Efficiency: The judgment promotes a more streamlined process, preventing jurisdictional issues from delaying judgments.
• Legal Clarity: The Court of Cassation's decision clarifies the operational procedures for judges, eliminating previous ambiguities.
• Strengthening Justice: The absence of arbitrary suspensions favors faster and more accessible justice for all.

Conclusions

In summary, judgment No. 36768 of 2023 represents an important step towards greater efficiency in the Italian criminal justice system. The clear distinction between a preliminary reference and a suspension of proceedings allows for the maintenance of high procedural fluidity. It is essential for legal practitioners to thoroughly understand these provisions to ensure the correct application of the rules and protect the rights of the accused.