Lawyers will have the right to strike. This was stated by the Court of Cassation with sentence n. 14775 of the First Criminal Section filed yesterday.
According to the Court, the appeal judgment of the sentences pronounced with abbreviated procedure will have to be celebrated again if the defense lawyers do not present themselves at the hearings to adhere to the abstention proclaimed by the Criminal Chambers. If, in essence, they will join the strike proclaimed by the category.
If up to now the Cassation itself had been unfavorable to the recognition of the legitimacy of the strike in the case of proceedings in closed session in the forms of article 127 of the Code of Criminal Procedure, the sentence filed yesterday differs from this position and instead embraces what was affirmed by the last year by the Joint Sections with sentence no. 26711/13.
The conclusion reached by the Court thus confirms the principle according to which in the appeal chamber judgment of sentences pronounced with abbreviated procedure, in the event of the exercise of the freedom of abstention by the defense lawyer, the refusal of the deferral requests has as a consequence the "general intermediate regime" nullity of the proceeding on the basis of articles 178 and 180 of the Criminal Procedure Code.
