Legitimation of the Deputy Prosecutor to Appeal: Commentary on Judgment No. 37517 of 2023

The recent judgment No. 37517 of August 31, 2023, filed on September 14, offers significant insights into the legitimation of the deputy prosecutor to appeal judgments in criminal proceedings. In particular, the Court of Cassation addressed the issue of the necessity of written delegation for deputy prosecutors who have not presented their conclusions at the hearing, establishing important principles that clarify the boundaries of the public prosecutor's activity.

The Regulatory Context

The central issue concerns Article 593-bis of the Code of Criminal Procedure, which governs appeals by the public prosecutor. According to the Court, even in the absence of formal written delegation, a deputy prosecutor is legitimated to appeal a first-instance judgment. This is based on the concept of the impersonality of the public prosecutor's office, where the absence of delegation does not prejudice the interest in upholding public order and justice.

The Ruling's Headnote

Deputy prosecutor not delegated and who has not presented conclusions at the hearing - Appeal - Legitimation - Reasons - Written delegation - Necessity - Exclusion. Regarding appeals by the public prosecutor, even after the introduction of Article 593-bis of the Code of Criminal Procedure, the deputy prosecutor who was not the public prosecutor at the hearing and has not been explicitly delegated by the Public Prosecutor is legitimated to appeal the first-instance judgment, given the impersonality of the public prosecutor's office and the lack of need for formal delegation towards third parties, which constitutes an internal act of the Prosecutor's Office whose existence is presumed and whose absence the defendant has no interest in complaining about.

This headnote clarifies that legitimation is in some way presumed, and external formalization is not necessary to ensure the validity of the appeal. This is particularly relevant in a context where the speed and effectiveness of criminal proceedings are fundamental.

Impacts and Reflections

Judgment No. 37517 of 2023 not only clarifies a point of law but also offers an important reflection on the nature of the public prosecutor's office. Among the salient points, we can highlight:

• The presumed legitimation of the deputy prosecutor, who does not require formal delegation;
• The importance of impartiality and impersonality in the public prosecutor's office;
• The practical implications for appeal strategies in criminal proceedings.

In this way, the Court of Cassation has provided an important indication for legal professionals, who will need to consider this ruling in their future actions.

Conclusions

In conclusion, judgment No. 37517 of 2023 represents a consolidation of jurisprudence regarding appeals by the public prosecutor. The clarity on the modalities of legitimation for the deputy prosecutor offers greater legal and operational certainty, both for public prosecutors and defense attorneys. It is therefore essential that legal professionals keep these indications in mind to effectively navigate the criminal procedural landscape.