Commentary on Judgment No. 37789 of 2023: Appeals in Absentia and the Cartabia Reform

Judgment No. 37789 of July 3, 2023, filed on September 14, 2023, represents an important intervention by the Court of Cassation on the subject of appeals and the new discipline introduced by the Cartabia Reform. In particular, the Court clarified the relevance of the date of the reading of the operative part of the judgment compared to that of the filing of the grounds, establishing a fundamental principle for pending proceedings.

The Regulatory Context of the Cartabia Reform

The Cartabia Reform, through legislative decree No. 150 of October 10, 2022, introduced significant amendments to the code of criminal procedure, particularly regarding the management of appeals. Article 89, paragraph 3, establishes a transitional regime for appeals, anchoring the applicability of the new provisions to the moment of the reading of the operative part and not to the filing of the grounds.

This distinction is crucial for understanding how the Court applied the new regime to cases where the defendant was tried in absentia, as in the case of M. J., whose appeal was rejected as untimely.

Analysis of the Judgment's Headnote

Of the defendant tried in absentia - New discipline introduced by the so-called Cartabia Reform concerning pending proceedings - Transitional provisions - Relevance of the date of the reading of the operative part - Existence - Factual case. In matters of appeals, the term to which the transitional discipline referred to in art. 89, paragraph 3, of legislative decree October 10, 2022, No. 150 anchors the applicability of the new regime provided for in arts. 581, paragraphs 1-ter and 1-quater, and 585, paragraph 1-bis, of the code of criminal procedure, must refer to the moment of the reading of the operative part and not to that of the filing of the grounds. (In application of the principle, the Court deemed the decision that had declared the appeal against a judgment delivered before December 30, 2022, with the deadline for filing the grounds after that date, to be free from censure, on the grounds that art. 585, paragraph 1-bis, of the code of criminal procedure was not applicable).

The Court therefore affirmed that, to determine whether an appeal is to be considered untimely, it is necessary to refer to the moment of the reading of the operative part of the judgment, rather than to the date of filing of the grounds. This distinction leads to greater clarity and certainty in criminal proceedings, avoiding problems related to different interpretations of timelines.

Implications of the Judgment

The implications of this judgment are relevant not only for the specific case but for all ongoing criminal proceedings. Parties involved in a proceeding must pay particular attention to appeal deadlines, as it is now clear that the date of the reading of the operative part plays a crucial role. Lawyers handling appeal cases will therefore need to adjust their strategies and advice, keeping this new orientation in mind.

• Clarity in appeal timelines
• Need to adapt legal strategies
• Strengthening the rights of the parties involved

Conclusions

In conclusion, judgment No. 37789 of 2023 offers an important interpretation of the Cartabia Reform, emphasizing the importance of the date of the reading of the operative part in the management of appeals. Lawyers and legal professionals must stay updated on these changes, ensuring that the rights of their clients are always protected in compliance with the new provisions.