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Conflict of jurisdiction between the civil judge and the criminal judge

  • 27/12/2021

The Court of Cassation with sentence n. 38596 on 6th Dicember, 2021, affirmed that the order of a civil judge, who has deemed a criminal judge of the same office competent, it cannot be challenged through the relevant regulation.

In fact, he specified that the distinction between the various sections, including civil and criminal ones, of the same court refers to mere internal articulations of a single office. This leads to the exclusion of the possibility of qualifying the respective attributions as a "matter of competence"; Therefore the application of the regulatory solutions enshrined in art. 28 c.p.p. (cases of conflict) must be excluded, both directly and analogically.

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