COLOZZA v. ITALY JUGDMENT
5
The judgment was lodged in the registry on 29 December 1976 and a
copy was served on the lawyer. It became final on 16 January 1977, as he
had not entered an appeal.
14. On 20 May 1977, the public prosecutor’s office issued an arrest
warrant. The applicant was arrested at his home in Rome, 31 via Pian Due
Torri, on the following 24 September. On the next day, he raised a
"procedural objection" (incidente d’esecuzione) as regards this warrant and
at the same time filed a "late appeal" (appello apparentemente tardivo; see
paragraph 23 below). He appointed a lawyer and instructed him to draft the
grounds of appeal. However, he submitted them himself on 24 December
1977 and lodged a supplementary memorial on 25 July 1978. On 15
November and 28 December 1977, he appointed new lawyers.
15.
On 29 April 1978, the Rome Regional Court dismissed the
"procedural objection" and ordered that the papers be sent to the Rome
Court of Appeal for a ruling on the "late appeal".
Mr. Colozza maintained that he had been wrongly declared "latitante"
and that the notifications of the summons to appear and of the extract from
the judgment rendered by default were therefore null and void.
He explained that, as he had received notice to quit from his landlord at
the end of 1971, he had left his flat in via Fonteiana and, before finding a
new one, had lived in a hotel. He pointed out that his new address (via Pian
Due Torri) was known to the police since, on 12 March 1977, they had
summoned him to the local police station for questioning; the same applied
both to the Rome public prosecutor’s office, which, on 7 October 1976 (that
is to say, almost two months before adoption of the judgment), had sent him
a "judicial notification" concerning other criminal proceedings, and to
various public authorities, which had served documents on him, using the
notification service of the Rome City Hall.
16. Mr. Colozza’s appeal was examined together with an appeal that
had been entered by his co-accused. The Court of Appeal heard Mr. Colozza
both on the merits of the case and on the fact that he had been treated as
"latitante".
The public prosecutor attached to the Court of Appeal also submitted that
the judgment of 17 December 1976 should be set aside; in his view, Mr.
Colozza should not have been regarded as "latitante".
On 10 November 1978, the Court of Appeal confirmed the conviction of
the co-accused. As to Mr. Colozza, it held that his appeal was inadmissible
for failure to observe time-limits. It ruled that the time-limit for filing the
grounds of appeal - twenty days, under Article 201 of the Code of Criminal
Procedure - had begun to run on 13 October 1977, the date on which the
arrest warrant had been served, whereas the memorial had not been
submitted until 24 December 1977.
17. Mr. Colozza lodged an appeal on points of law but it was dismissed
by the Court of Cassation on 5 November 1979. It accepted that the Court of