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Ordinance pursuant to art. 702 - ter and term for the appeal
- 28/07/2020
The Court of Cassation, with order no. 15298 of 17 July 2020, established that, the novella of art. 133 of the Italian Criminal Code, paragraph 2, made with Legislative Decree June 24, 2014, n. 90, art. 45, paragraph 1, lett. b), converted with amendments into Law 11 August 2014, n. 114, according to which the communication, by the registry, of the full text of the filed measure is not suitable to make the terms for the appeals referred to in art. 325 of the Italian Code of Civil Procedure, is aimed at neutralizing the effects of the generalization of the telematic method of communication, if integral, of any type of measure, for the purposes of the normal start of the short term for appeals, only in the event of an act of counterparty impulse, but not it affects the procedural, derogatory and special rules, which anchor the start of the short term of appeal to the mere communication of a measure by the registry.
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