Commentary on Judgment No. 37159 of 2023: Conservatory Seizure and Time Limits

Judgment No. 37159 of July 11, 2023, filed on September 12, 2023, offers an important interpretation regarding conservatory seizure in criminal law. In particular, the Court establishes a fundamental principle concerning the time limits within which the public prosecutor can request the real precautionary measure.

Regulatory Context and the Judgment

The Court examined the case of a conservatory seizure, highlighting how the deadline for requesting such a measure is considered concluded with the filing of the reasoning for the appellate judgment. This aspect is crucial, as it establishes a time limit that cannot be ignored. The Court indeed stated:

Time limit for requesting the measure - Filing of the reasoning for the appellate judgment - Reasons - Failure to transmit the case files to the Court of Cassation - Irrelevance. In matters of conservatory seizure, the merits proceedings, within which the public prosecutor can request the real precautionary measure from the presiding judge pursuant to Article 316, paragraph 1, of the Code of Criminal Procedure, must be considered concluded with the filing of the reasoning for the appellate judgment, as the time necessary for this fulfillment, which completes the judicial body's decision for all purposes, also belongs to the relevant stage. Conversely, it is irrelevant, after this time limit, whether the case files have not yet been transmitted to the Court of Cassation.

Meaning of the Judgment

The principle affirmed by the Court emphasizes how the filing of the reasoning for the appellate judgment is not merely a formality but represents a decisive moment for the conclusion of the merits proceedings. The Court of Cassation has therefore clarified that, even if the case files have not been transmitted, the deadline for requesting a conservatory seizure begins from the moment the reasoning for the judgment is filed.

This approach aligns with the provisions of Article 316, paragraph 1, of the Code of Criminal Procedure, which governs precautionary measures, and with the general principles of criminal law, which aim to ensure certainty and defined timelines for the various stages of the proceedings. Beneficiaries of a precautionary measure must have certainty regarding the timing and methods by which such measures can be activated.

Conclusions

In conclusion, Judgment No. 37159 of 2023 serves as an important guide for all legal professionals, clarifying the relationship between the filing of the reasoning for the appellate judgment and the possibility of requesting a conservatory seizure. Such clarity is essential to ensure respect for the rights of the parties involved and to avoid procedural uncertainties. The Court's interpretation therefore offers a useful tool for navigating the complex landscape of precautionary measures in criminal law.