Incompetence due to connection in judgment no. 28485 of 2024: an in-depth analysis

The recent judgment no. 28485, filed on July 16, 2024, offers significant insights regarding incompetence for subject matter arising from connection, a topic of considerable importance in criminal procedural law. Decided by the Court of Appeal of Caltanissetta, the ruling clarifies some fundamental aspects of the relevance of the issue in the legitimacy phase, highlighting the need for correct timing in raising the incompetence.

The structure of the judgment and its fundamental principles

The Court declared the exception of incompetence for subject matter arising from connection inadmissible, referring to art. 15 of the Code of Criminal Procedure. This article establishes that incompetence cannot be raised for the first time in the legitimacy phase if it was not previously raised during the preliminary hearing. The judgment, therefore, highlights how any negligence in raising incompetence can preclude the possibility of raising the issue in later stages of the trial.

Incompetence for subject matter arising from connection, pursuant to art. 15 of the Code of Criminal Procedure, if not raised ex officio or objected to prior to the conclusion of the preliminary hearing or, when the latter is absent, immediately after the first ascertainment of the parties' constitution in the trial, cannot be raised, nor can it be raised for the first time in the legitimacy phase, due to the provisions of art. 21, paragraph 3, of the Code of Criminal Procedure.

Practical and jurisprudential implications

This judgment follows a jurisprudential line already established by previous decisions, including judgments no. 12764 of 2017 and no. 13938 of 2014, which had addressed similar issues. The practical implications are of great importance for legal professionals, as they highlight the importance of a careful and well-planned procedural strategy. Lawyers must be aware that failure to raise incompetence in the preliminary phase can compromise the possibility of raising this issue in later stages, including the legitimacy degree.

• Relevance of incompetence only in phases prior to the preliminary hearing.
• Importance of timely raising procedural exceptions.
• References to previous judgments confirming the principle.

Conclusions

Judgment no. 28485 of 2024 serves as a useful guide for lawyers and legal professionals, emphasizing the importance of timely raising exceptions of incompetence. It confirms that, in the absence of adequate attention during the preliminary phases, there is a risk of precluding defense opportunities in later stages of the trial. Therefore, it is essential for legal professionals to be constantly updated and aware of timing and procedures to ensure the best protection of their clients' rights.