Commentary on Judgment No. 45842 of 2024: Appeals and Defence for Fugitive Defendants

Judgment No. 45842 of 2024 by the Court of Cassation represents an important reference point on appeals, particularly concerning defendants declared fugitives. The decision addresses the admissibility of appeals in the context of an absent defendant assisted by a court-appointed lawyer, clarifying certain issues related to the right to defence.

The Regulatory Framework

The Court referred to Article 581, paragraph 1-quater, of the Code of Criminal Procedure, which stipulates that, under penalty of inadmissibility, the defence lawyer must file a specific power of attorney to appeal, including a declaration or election of domicile. This provision, in the text prior to the entry into force of Law No. 114 of 2024, was also applied to absent defendants declared fugitives. But what does this mean in practice?

• The provision aims to ensure the formalisation of defences even in situations of the defendant's absence.
• It is essential to maintain continuous contact between the fugitive defendant and their defence lawyer.
• The right to defence is protected, even if the defendant is not present in court.

The Right to Defence and Fugitivity

A crucial aspect of the judgment is the emphasis that a fugitive is not legally prevented from maintaining contact with their defence lawyer. This element is fundamental to understanding the principle of non-infringement of the right to defence. The Court stated that, despite physical absence, the defendant has the possibility to agree on defence strategies with their lawyer.

ADMISSIBILITY AND INADMISSIBILITY - Art. 581, paragraph 1-quater, Code of Criminal Procedure in the text prior to the entry into force of Law No. 114 of 2024 - Applicability to absent defendants declared fugitives and assisted by a court-appointed lawyer - Existence - Reasons. In matters of appeals, Article 581, paragraph 1-quater, of the Code of Criminal Procedure, in the text prior to the entry into force of Article 2, paragraph 1, letter o), of Law of 9 August 2024, No. 114, according to which the defence lawyer must file, under penalty of inadmissibility, the specific power of attorney to appeal containing the declaration or election of domicile, also applies to absent defendants who have been declared fugitives and are assisted by a court-appointed lawyer, as no infringement of the right to defence is conceivable, since the fugitive is not legally prevented from maintaining contact with their defence lawyer in order to agree on defence strategies.

Conclusions

In conclusion, judgment No. 45842 of 2024 offers a clear view of the dynamics related to appeals for fugitive defendants. It underscores how the right to defence must always be guaranteed, even in the physical absence of the defendant, and how the role of the court-appointed lawyer is crucial in ensuring this right. Through this decision, the Court contributes to outlining a clearer and more protective regulatory framework for defendants, emphasising the importance of communication and strategic planning even in critical situations.