Commentary on Judgment No. 39166 of 2023: Appeals and Formal Requirements in Cassation Appeals

Judgment No. 39166 of July 4, 2023, by the Court of Cassation, represents an important clarification regarding appeals and the formal requirements for a cassation appeal. In this article, we will analyze the details of the decision, which affirms the applicability of the specific burdens provided for by Article 581, paragraph 1-quater, of the Code of Criminal Procedure, in the case of an appeal filed by an absent defendant.

The Regulatory Context

The provision in question, amended by Legislative Decree No. 150 of October 10, 2022, introduces more stringent requirements for cassation appeals. This is particularly significant when considering that the defendant was not present at the trial. The Court emphasized that such formal burdens must be respected even in the case of the defendant's absence, to ensure a conscious exercise of the right to appeal.

Cassation appeal - Article 581, paragraph 1-quater, Code of Criminal Procedure - Applicability - Existence - Reasons. In matters of appeals, the specific formal burdens provided for by Article 581, paragraph 1-quater, of the Code of Criminal Procedure, as amended by Article 33, paragraph 1, letter d), of Legislative Decree No. 150 of October 10, 2022, are applicable to a cassation appeal filed by a defendant who was tried in absentia. (In its reasoning, the Court illustrated, as the basis for its decision, that this provision is among the general provisions relating to appeals, valid, in the absence of contrary legislative indications, also for cassation appeals; that it cannot be interpreted as allowing a review of legality in the interest of an absent defendant under a less stringent regime than that in force for appeal; that it is functional to ensure the conscious exercise of the right to appeal).

Implications of the Judgment

This judgment has a significant impact on legal practice. It clarifies that the right to appeal must not be exercised superficially, and that the defendant's absence does not justify a less stringent application of the rules. Below are some key implications:

• Compliance with formal requirements is fundamental to ensure the admissibility of the appeal.
• The defendant's absence must not compromise the right to defense.
• The judgment underscores the importance of awareness in the context of appeals.

Conclusions

In conclusion, judgment No. 39166 of 2023 represents an important step towards protecting defendants' rights and ensuring the rigor of criminal proceedings. It clearly establishes that formal burdens must be respected even in the case of the defendant's absence, thereby ensuring a balance between the right to defense and the need to maintain the integrity of the criminal process. This judicial orientation invites reflection on the importance of an active and informed defense, a crucial element in the Italian legal system.