Cassation appeal dismissed and remitted due to missing date attestation and pending Constitutional Court review.
Sintesi Legislator
Generato dall'IAThe Court of Cassation dismissed the interlocutory order regarding the cassation appeal filed by Khan Adnan against the Ministry of the Interior. The procedural defect stemmed from the absence of the required date attestation in the special prosecutor's document, a requirement reinforced by a recent Supreme Court ruling. Consequently, the case was remitted to a new hearing pending the Constitutional Court's decision on the constitutionality of the relevant legislative provision.
Regesto Legislator
Generato dall'IAArt. 35 bis, c. 13, D.Lgs n. 25/2008; When a cassation appeal lacks the mandatory date attestation required by law, the Court must dismiss the interlocutory order and remit the case to a new hearing, especially if the validity of the attestation requirement is currently under review by the Constitutional Court.