Commentary on Judgment No. 2970 of 2024: Referral to the United Sections and Its Implications

In the recent judgment No. 2970 of December 17, 2024, the Court of Cassation addressed crucial issues concerning the referral of appeals to the United Sections and the related procedures. This ruling is particularly relevant for legal practitioners, as it offers food for thought on the legitimacy of judicial panels and the application of Articles 610 and 618 of the Code of Criminal Procedure.

Referral to the United Sections: A Prerogative of the First Presidency

According to the judgment, the referral of an appeal to the United Sections is a prerogative of the First Presidency of the Court of Cassation, as provided for by Article 610, paragraph 2, of the Code of Criminal Procedure. This rule states that only in cases of special importance, upon request of the Attorney General or the parties' defense counsel, can an appeal be referred to the United Sections.

In the specific case, the Court declared the referral request inadmissible, highlighting that if the First Presidency does not find the necessary prerequisites for referral, the appeal is automatically assigned to an ordinary section. This aspect underscores the importance of a thorough assessment by the First Presidency, which must consider the evaluation criteria set forth in Article 618 of the Code of Criminal Procedure.

Critical Issues and Implications of the Judgment

Referral by the First Presidency pursuant to Article 610, paragraph 2, of the Code of Criminal Procedure - Failure to exercise - Consequently, designation of the competent ordinary section - Setting of the hearing before the panel - Request for referral to the United Sections - Legitimacy of the panel to decide - Existence - Evaluation criteria. The referral of an appeal to the United Sections upon request of the Attorney General, the parties' defense counsel, or ex officio, when the issues raised are of special importance, is, pursuant to Article 610, paragraph 2, of the Code of Criminal Procedure, a prerogative of the First Presidency of the Court of Cassation, which, if it does not find the prerequisites, assigns the appeal to the individual section. Therefore, once the hearing date is set at the sectional level, the request made by the party to the First Presidency for the issue to be referred to the United Sections must be decided, according to the criteria referred to in Article 618 of the Code of Criminal Procedure, by the assigned section and its judicial panel.

This ruling raises questions about the balance between the efficiency of the judicial system and respect for procedures. In particular, the question arises whether the discretion of the First Presidency could lead to excessive rigidity in assigning complex cases. The judgment, in fact, emphasizes that the referral request must be evaluated by the assigned section, which implies a division of labor that could result in greater productivity but also potential conflicts of interpretation.

Conclusions

In summary, judgment No. 2970 of 2024 represents an important reference point in criminal procedure, highlighting the dynamics between the United Sections and the First Presidency of the Court of Cassation. Clarity of the rules and their correct application are fundamental to ensuring an efficient legal system that can respond to the needs of justice within reasonable timeframes. It is essential for legal practitioners to understand the implications of such decisions to best navigate the complex legal landscape.