Resumption of the Preliminary Chamber

Abstract

This article contains an analysis of the provisions of article 386^1, introduced in the current Code of Criminal Procedure by Law no. 201/2023, allowing the court judging the merits of the case (in first instance and on appeal) to intervene in cases of violation of legal provisions subject to the sanction of absolute nullity in the preliminary chamber and to annul the court's investiture act, thereby legitimizing the resumption of the previous procedural phase. The new regulation reconfigures the object of the trial, therefore some clarifications regarding its legal nature in terms of the effects it produces in the criminal proceedings are required. Afterwards, we will approach the area of applicability of the new procedure, referring to cases of absolute nullity that can be invoked after the disposition to begin the merits trial has remained definitive. The last part of the article is dedicated to the specific conditions under which this incidental procedure can be used during the merits trial, both in first instance and on appeal. The present study presents both the specific way in which the procedural remedy can be applied, as well as some incomplete and imprecise aspects that can be imputed.