Cassation annuls appeal judgment for oral hearing denial despite defendant's request under emergency pandemic rules.
Sintesi Legislator
Generato dall'IAThe Supreme Court annulled the Court of Appeal's judgment without remittal, finding the lower court violated procedural rights by conducting a written trial instead of an oral hearing. The defendant had formally requested an oral discussion, which was denied despite the pandemic emergency measures allowing written proceedings. The court ruled that the defendant's explicit request for an oral hearing could not be overridden by emergency regulations, necessitating the annulment to restore the proper trial process.
Regesto Legislator
Generato dall'IAArt. 23-bis I. n. 176 del 2020; Art. 148 e ss. and 170 cod. proc. pen.: Emergency pandemic rules permitting written trials do not justify denying a defendant's explicit request for an oral hearing, resulting in the nullity of the judgment.