No to appeal to the Supreme Court, the Court of Appeal or other criminal appeals, submitted via certified email (PEC).
The Court of Cassation established this in a ruling in early February 2018.
In this case, the Court rejected the appeal to the Supreme Court of a person whose application had been declared inadmissible opposition to a criminal conviction decree submitted via certified email.
The judges of Cavour Square they found out how opposition to a criminal conviction decree has the nature of an appeal, and is therefore subject to the rules and general principles established for appeals.
The procedures for filing an objection are therefore governed by Article 461 of the Italian Code of Criminal Procedure and, for matters not covered by the latter provision, by Articles 582 and 583 of the Italian Code of Criminal Procedure, which generally concern appeals.
It follows that, according to the Supreme Court, no rule provides for the presentation of an appeal by means of certified email.
Article 16, paragraph 4, of Legislative Decree 18-10-2012 n. 179, converted, with amendments, into Law 17-12-2012 n. 221, provides for the possibility for the registry to effect electronic notifications to a person other than the defendant, pursuant to Articles 148, paragraph 2-bis, 149, 150 and 151, paragraph 2, of the Code of Criminal Procedure.
However, the law does not provide for the electronic filing of an appeal.
On the other hand, the ways of presenting the’notice of appeal prescribed by the aforementioned provisions are mandatory and do not allow equivalents, since failure to comply with the provisions of Articles 582 and 583 is provided as a cause for inadmissibility by Article 591, paragraph 1, letter c) of the Italian Code of Criminal Procedure.
And, in fact, from this perspective, art. 48 of Legislative Decree no. 82/2005 and subsequent amendments (so-called. Digital Administration Code (also known as CAD), as replaced by art. 33 of Legislative Decree 30 December 2010, n. 235, provides that notification by certified email is equivalent to notification by post, unless the law provides otherwise. .
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