Commentary on Judgment No. 33086 of 2024: Appeal and Judgment of Dismissal**

Judgment No. 33086 of May 10, 2024, issued by the Court of Cassation, offers important points for reflection in Italian criminal law, particularly regarding the regulation of judgments of dismissal. In this article, we will analyze the content of the judgment and its implications, with particular attention to the admissibility of immediate appeal to the Court of Cassation and the possible consequences for defendants.

Content of the Judgment

The Court ruled that, except for the exceptions provided for in Article 428, paragraph 3-quater, of the Code of Criminal Procedure, a judgment of dismissal cannot be directly appealed to the Court of Cassation but is exclusively subject to appeal. This means that, in the absence of specific circumstances, defendants cannot file an appeal with the Court of Cassation against such a judgment but must proceed through an appeal.

Judgment of dismissal - Immediate appeal to the Court of Cassation - Admissibility only for the hypothesis provided for in Article 428, paragraph 3-quater, of the Code of Criminal Procedure - Consequences. The judgment of dismissal, with the exception of the hypothesis provided for in Article 428, paragraph 3-quater, of the Code of Criminal Procedure, as amended by Article 23, paragraph 1, letter m), of Legislative Decree of October 10, 2022, No. 150, relating to offenses punishable only by a pecuniary penalty or an alternative penalty, is not directly appealable to the Court of Cassation but is exclusively subject to appeal. Therefore, an appeal filed in cassation must be qualified as an appeal.

Implications of the Judgment

This decision has significant practical implications for lawyers and defendants. In particular, the restriction of access to appeal to the Court of Cassation could lead to an increase in appeals, resulting in a possible overload of second-instance courts. It is important to note that the recent legislative amendment, introduced by Legislative Decree No. 150 of 2022, has clarified the distinction between different methods of appeal.

• Judgments of dismissal are now predominantly subject to appeal.
• Appeal to the Court of Cassation remains possible only in specific cases, thus limiting the possibility of review in cassation.
• This change could influence the defense strategies of lawyers, who will need to carefully evaluate appeal opportunities.

Conclusions

In conclusion, judgment No. 33086 of 2024 represents an important clarification on the appeal of judgments of dismissal. The distinction between appeal and appeal to the Court of Cassation introduces greater clarity into the criminal process but also poses new challenges for legal practitioners. It is therefore essential that lawyers and defendants fully understand these changes and their implications in order to best navigate the Italian legal system.