Election of domicile and authentication of signature: commentary on judgment no. 29185 of 2024

Judgment no. 29185 of July 5, 2024, published on July 18 of the same year, represents an important step forward in understanding the methods of filing the election of domicile in criminal appeals. The judges of the Court of Cassation, presided over by F. M. C., clarified that the filing of the election of domicile, which took place together with the filing of the appeal and was transmitted via PEC by the lawyer, is an integral part of the appeal document.

Regulatory and jurisprudential context

The case in question falls within the context of Article 581, paragraph 1-ter, of the Code of Criminal Procedure, which governs the methods of appealing judgments. The decision of the Court of Cassation, therefore, aligns with the regulatory provisions that provide for the possibility of operating through digital tools, such as PEC, while respecting the rights of the defendants.

Election of domicile pursuant to art. 581, paragraph 1-ter, cod. proc. pen. - Filing together with the appeal signed and transmitted via PEC by the lawyer - Value of authentication of the defendant's signature - Existence - Reasons. In terms of appeals, the filing of the election of domicile pursuant to art. 581, paragraph 1-ter, cod. proc. pen., which took place together with the filing of the appeal, transmitted by PEC by the lawyer, makes this election an integral part of the appeal document, so that the authentication of the signature affixed by the defendant must be considered implicitly contained in the digital signature of the appeal by the lawyer.

Implications of the judgment

This judgment has important practical implications for lawyers and defendants, as it clarifies that:

• The defendant's signature is implicitly authenticated when the appeal is digitally signed by the lawyer.
• The election of domicile, if filed correctly, becomes an integral part of the appeal document.
• The digitalization of criminal proceedings facilitates communication and the management of legal documents.

These aspects represent a significant evolution towards more efficient and accessible justice, in line with recent Italian and European legislative reforms that promote the use of technology in the legal sector.

Conclusions

In conclusion, judgment no. 29185 of 2024 offers an important clarification on the methods of filing the election of domicile and on the authentication of signatures in criminal appeals. This jurisprudential orientation not only simplifies the process for lawyers but also ensures greater respect for the rights of defendants, in an increasingly digitized context.