Judgment No. 28063 of 2024: Clarifications on Non-Prosecution and Appeals

The judgment of the Court of Cassation No. 28063 of May 30, 2024, offers important clarifications regarding the procedure for appealing non-prosecution judgments. This decision, issued by President Di Paola and rapporteur Recchione, is part of a complex legal context, highlighting the distinction between appeal and cassation appeal.

Regulatory Context and Appeal of Judgments

The Court established that a non-prosecution judgment, issued pursuant to Article 544-ter of the Code of Criminal Procedure, can only be appealed through an appeal, as provided for by Article 544-quater. This clarification is fundamental for understanding the limits and modalities of action for parties involved in criminal proceedings.

Non-prosecution judgment issued at the conclusion of the pre-trial hearing - Immediate cassation appeal - Admissibility - Exclusion – Reasons - Consequences. A non-prosecution judgment issued, pursuant to Article 544-ter of the Code of Criminal Procedure, at the conclusion of the pre-trial hearing is appealable by way of appeal under Article 544-quater of the Code of Criminal Procedure, but not by way of "per saltum" cassation appeal, as this means of appeal is recognized, pursuant to Article 569 of the Code of Criminal Procedure, with regard to only those judgments that definitively decide, on the merits, the first instance of judgment or other types of decisions expressly indicated. (In the reasoning, the Court added that in case of erroneous filing of the "per saltum" appeal, the appeal must be reclassified as an appeal).

Consequences of the Judgment

This judgment has significant practical consequences for lawyers and their clients. In particular:

• Parties must pay attention to the deadlines for filing an appeal, avoiding a cassation appeal in the case of non-prosecution judgments.
• In case of error in the choice of appeal type, it is important to know that the appeal will be reclassified as an appeal.
• This decision further clarifies the role of the Court of Cassation, limiting its functions to specific and not general cases.

Conclusions

Judgment No. 28063 of 2024 represents a reference point for understanding the regime of appeals in criminal matters, especially in relation to non-prosecution judgments. Lawyers must always be updated on these provisions to ensure proper defense of their clients and to best navigate the complex Italian legal system.