Commentary on Judgment No. 39119 of 2023: Nullity and Justices of the Peace

Judgment No. 39119 of July 6, 2023, filed on September 26, 2023, offers significant insights regarding the jurisdiction of Justices of the Peace in handling criminal offenses. In particular, the Court confirmed the nullity arising from the incorrect composition of the judging panel, raising questions about the correct application of the relevant rules.

The Regulatory Framework

The central point of the judgment concerns Article 407, paragraph 2, letter a) of the Code of Criminal Procedure, which prohibits the appointment of Justices of the Peace to panels that must decide on certain offenses. This provision, introduced by Legislative Decree of July 13, 2017, No. 116, aims to ensure greater specialization and competence of judges in delicate and complex cases.

Justices of the Peace - Criminal Jurisdiction - Assignment to compose the panel when proceedings are for offenses indicated in Article 407, paragraph 2, letter a) of the Code of Criminal Procedure - Nullity - Reasons. The non-derogable prohibition of assigning a Justice of the Peace to compose panels judging offenses indicated in Article 407, paragraph 2, letter a) of the Code of Criminal Procedure, introduced by Article 12 of Legislative Decree of July 13, 2017, No. 116, determines a limitation on the judge's capacity under Article 33 of the Code of Criminal Procedure, the violation of which is a cause of absolute nullity pursuant to Article 179 of the Code of Criminal Procedure, in relation to Article 178, paragraph 1, letter a) of the Code of Criminal Procedure, which is incurable and must be raised ex officio at any stage and level of the proceedings. (In application of the principle, the Court held that the decision of the Court of Appeal was vitiated by derived nullity under Article 185 of the Code of Criminal Procedure, due to the nullity of the first-instance decision).

Implications of the Judgment

The judgment under review confirmed the importance of complying with regulatory provisions concerning the composition of judging panels. An error in assigning jurisdiction to Justices of the Peace, in violation of the established prohibition, results in the nullity of the proceedings, with direct consequences on the validity of the decisions issued.

• Absolute Nullity: The violation of the rule is considered incurable and must be raised ex officio.
• Impact on Jurisprudence: The decision of the Court of Cassation reaffirms an already established principle, emphasizing the importance of specialization in justice.
• Practical Implications: Parties involved in criminal proceedings must be aware of the composition of the panel to avoid potential nullities.

Conclusions

In conclusion, Judgment No. 39119 of 2023 represents an important reminder to observe the regulatory provisions concerning Justices of the Peace in criminal matters. The nullity arising from their inadequate appointment underscores the need for an accurate assessment of jurisdiction in criminal proceedings, thereby ensuring a more efficient and just judicial system.