Avv. Silvio Marzari
Avv. Maria Gabriella Maggiora
Avv. Roberto Nicolini
Avv. Stefania Gioco
Avv. Stefania Brugnoli
Avv. Stefano Carrara
Avv. Alessio Albertini

NEW RULES FOR PROCEEDINGS: WHAT TO WATCH OUT FOR?

There are other headline news and this one may have been missed by many. However, it is important news, which affects both companies and private individuals.

As of 28.2.2023, new process regulations, both civil and criminal, apply. Others will come into force on 30.6.2023. This is the so-called Cartabia reform, which aims to make the justice machine work better and faster.If lawyers have prepared themselves, there are a few things to point out to citizens and companies, in case they are party to a trial.

I will necessarily limit myself to a few, given the breadth of the topic.

 

Tell and exhibit everything at once. Even more so than in the past, one has to explain all facts, circumstances, evidence in one's favour from the beginning of the trial. Pulling them out later will be useless and you may lose the case even if you were right.

Constantly check the PEC (i.e. Certified Electronic Mail). Notification by PEC has become the normal means of transmitting judicial documents. Companies and professionals are compelled to have one, but private individuals may also decide to equip themselves with it. For all legal purposes, the PEC is equivalent to the traditional registered letter with return of receipt; i.e. the time limits for reacting, challenging a deed or submitting a reply run from when the PEC arrived in the recipient's box, not when it is opened.

In the criminal field, several offences against the person (such as the offence of severe road injuries or the offence of bodily harm, even slight bodily harm), as well as some offences against property (such as aggravated fraud), and finally as well as other offences for which prosecution was “ex officio”, now become punishable only if a complaint is lodged by the offended person.

These are just a few details, of course, in case you are a party to a proceedings, bear in mind that there are many new rules and get the assistance of a capable professional.

 

last update May 2023

 

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