Commentary on Judgment No. 20957 of 2023: 'In-Person' Hearings After the Pandemic

Judgment No. 20957 of May 3, 2023, by the Court of Cassation offers an important reflection on the emergency procedural rules adopted to deal with the COVID-19 pandemic. The Court ruled on the holding of appeal hearings in a context where proceedings had to be adapted to ensure public health. This article aims to analyze the content of the judgment, highlighting its salient aspects and legal implications.

The Regulatory Context

The Court's decision is part of a complex regulatory framework, characterized by numerous legislative measures aimed at managing the health emergency. In particular, Decree-Law of December 30, 2021, No. 228 stipulated that for hearings scheduled between January 1, 2022, and January 31, 2022, the ordinary procedural regime of 'in-person' hearings must be applied, derogating from certain previous provisions.

This approach had a significant impact on how cases were managed, expanding the possibilities for holding hearings during a period when health restrictions were particularly severe.

The Ruling's Headnote

19. For appeal proceedings with a first hearing scheduled between 01/01/2022 and 31/01/2022, the ordinary procedural regime of 'in-person' hearings, provided for by art. 16, paragraph 2, of Decree-Law of December 30, 2021, No. 228, in derogation of arts. 23, paragraphs 8 and 8-bis, and 23-bis, paragraphs 1, 2, 3, 4, and 7, of Decree-Law of October 28, 2020, No. 137, as converted by Law of December 18, 2020, No. 176, also applies to continuation hearings. (In application of this principle, the Court deemed the decision made at the end of a trial adjourned to a date after 31/01/2022, held 'in person' despite the absence of a request for oral argument, to be free from censure).

This headnote highlights the importance of in-person hearings, even for hearings scheduled after the end of the established timeframe. The Court held that, despite the absence of a formal request for oral argument, the in-person hearing was legitimate, representing a crucial aspect for ensuring the right to defense and the proper conduct of the proceedings.

Practical Implications of the Judgment

The practical consequences of this decision are manifold and deserve careful consideration:

• Recognition of the right to in-person hearings, fundamental for the effectiveness of the proceedings.
• Possibility of applying the ordinary procedural regime even in emergency situations.
• Clarity on operational procedures for continuation hearings, reducing the risk of future disputes.

This judgment represents an important step towards stabilizing legal procedures post-pandemic, offering a clearer framework for lawyers, judges, and parties involved.

Conclusion

In conclusion, Judgment No. 20957 of 2023 by the Court of Cassation proves fundamental for understanding how the Italian legal system is adapting to the challenges posed by the pandemic. The rediscovery of the importance of 'in-person' hearings not only affirms the rights of the parties involved but also contributes to ensuring a fair and effective trial. It is essential that all legal professionals take these principles into account to best navigate the current legal landscape.