Information Note on the Court’s case-law No.
February 1994
Tripodi v. Italy - 13743/88
Judgment 22.2.1994
Article 6
Article 6-3-c
Defence through legal assistance
Absence of the accused's lawyer at the hearing in the Court of Cassation: no violation
[This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.]
Article 6 § 3 (c) of the Convention
Manner in which paragraphs 1 and 3 (c) to be applied in appeal and cassation proceedings depends on special features of the proceedings in question.
Italian Court of Cassation decides on points of law - its proceedings are essentially written - at hearing appellant's lawyer may only present argument in relation to submissions already made in the appeal and memorials - this rule does not apply where appellant invokes incurable nullity, reasons precluding continuation of criminal proceedings or questions of constitutionality, but applicant had not adduced any such grounds.
Recognition of value of oral argument before the Court of Cassation, regard being had to fact that parties other than prosecuting authorities must be represented by their lawyers.
In case under review, failure of lawyer to take action - he could not have been unaware of statutory provisions on adjournment of hearings - he could - and should - have taken steps to ensure that he was replaced on day of hearing - he could also have filed a further memorial, or have arranged for filing of such a memorial by another lawyer. State could not therefore be held responsible for shortcoming on the part of lawyer appointed by accused.
Conclusion: no violation (seven votes to two).
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
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