8
COLOZZA v. ITALY JUGDMENT
an appeal on points of law against the judgment concerning him. The timelimit for entering such an appeal begins to run only from the day on which
he was notified of the decision by means of service of an extract from the
judgment. However, in the case of a person who has also been declared to
be "irreperibile" or "latitante", time begins to run from the date of the
lodging of the judgment in the registry of the court that rendered it.
C. "Late appeal"
23. According to Italian case-law, individuals who have not entered an
appeal and who consider that the notification of the judgment was irregular
can lodge a "late appeal". The time-limits to be observed are the same as for
the ordinary appeal (three days for giving notice of appeal and twenty days
for submitting the grounds), but both start to run from the date when the
person in question had knowledge of the judgment. Nevertheless, in the case
of a person regarded as "latitante" the court hearing the appeal can
determine the merits of the criminal charge only if it finds that there has
been a failure to comply with the rules governing declarations that an
accused is "latitante" or governing service on him of the documents in the
proceedings; in addition, it is for the person concerned to prove that he was
not seeking to evade justice.
D. Defence of the accused; related rules as to nullity
24. Article 185 of the Code of Criminal Procedure provides, inter alia,
that proceedings shall be null and void if the rules on the participation,
assistance and representation of the accused have not been observed. Failure
to serve a summons to appear at the hearing and the absence, at that stage,
of the accused’s defence counsel constitute grounds of incurable nullity, of
which the court must take notice of its own motion at any point in the
proceedings.
PROCEEDINGS BEFORE THE COMMISSION
25. Mr. Colozza applied to the Commission on 5 May 1980. He alleged
that there had been several violations of Article 6 (art. 6) of the Convention.
In particular, he complained that he was at no time aware of the proceedings
instituted against him and that he had therefore not been able to defend
himself in a practical and effective manner. He also relied on Article 13 (art.
13), maintaining that he had had no "effective remedy" against the judgment
of the Rome Regional Court.