| can not rest with the client errors "Marchiani of its members who do not know the basics of the process. In fact, if not challenged within the terms the court assisted person should give another chance and his new counsel, with the return in terms. changing course over a case that until recently could be said to be consolidated and that any error did fall on the customer of the defendant, the Court of Final Appeal (Case No. 35149 of 10 September 2009) welcomed the appeal court with a man initially defended by a lawyer that he had not appealed because it was rebuilt in the sentence, did not know the time limits for appeal. In a key passage of the ruling the judges with an Ermine expressly changed direction from the colleges of the past. "Can not accept - states the report for the new service Supreme Court - that part of the law according to which the failure or defective performance by the defender of trust of office to bring an appeal, due to any cause, is not likely to make the hypothesis of accident or force majeure that legitimize repayment of the term. "Indeed, we read a little further," it is true that the burden lies with the accused to choose counsel professionally valid and to ensure exact compliance with the mandate, but he can not be understood, in making the choice of counsel, prior experience (without their own cultural knowledge) his mastery of the ordinary rules of law which should be technical knowledge of any person entitled to practice law by passing the state. " source cassazione.net CIVIL |
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