Inadmissibility of appeal in case of death of the defendant: comment on Order no. 23354 of 2023

The recent Order no. 23354 of April 18, 2023, by the Court of Cassation offers important clarifications regarding the legal position of the defendant in case of death during the legitimacy proceedings. The ruling analyzes the issue of the inadmissibility of the appeal filed personally by the defendant, highlighting the implications of such an event. This is a matter of great relevance not only for legal professionals but also for citizens who find themselves facing similar situations.

Content of the Order and its implications

The Court of Cassation, presided over by Dr. Rosi Elisabetta and with Dr. Agostinacchio Luigi as rapporteur, declared inadmissible the appeal for cassation filed by C. M. following the death of the defendant. This decision is based on the principle that the death of the defendant, occurring during the legitimacy proceedings, renders the appeal inadmissible. However, the Court excluded the possibility of a costs order and the application of pecuniary sanctions in favour of the state treasury.

• The death of the defendant interrupts the appeal proceedings;
• No order for legal costs is provided for;
• No pecuniary sanction is applicable.

“Cassation - Personal appeal - Death of the defendant occurring - Inadmissibility of the appeal - Order for costs and payment of sanctions - Exclusion. In the case of an appeal for cassation filed by the party personally, the death of the appellant, occurring during the legitimacy proceedings, renders the appeal inadmissible, but excludes the possibility of an order for costs and the application of pecuniary sanctions in favour of the state treasury.”

Legislative and jurisprudential references

This decision is based on provisions contained in the New Code of Criminal Procedure, particularly articles 591 and 592, which govern the methods of appeal and the consequences of events occurring during the proceedings. The Court also referred to previous case law, including judgment no. 29593 of 2021 and no. 42313 of 2010, which have addressed similar issues, contributing to the formation of a consolidated orientation on the matter.

Conclusions

In conclusion, Order no. 23354 of 2023 represents an important reference for understanding the legal consequences in case of the defendant's death during legitimacy proceedings. It clarifies how such an event not only renders the appeal inadmissible but also excludes the possibility of an order for legal costs and pecuniary sanctions. This aspect highlights a principle of humanity and justice, protecting the memory and rights of deceased defendants, and avoiding further burdens for their families.