Published on 17 February 2025
 
FIRST SECTION
Application no. 40922/19
Maricica BRAITARU
against Italy
lodged on 24 July 2019
communicated on 27 January 2025
SUBJECT MATTER OF THE CASE
The application concerns criminal proceedings in which the applicant was convicted in absentia and the refusal of the Court of Cassation to reopen the proceedings. The writ of summons (atto di citazione a giudizio) was served to the wrong court-appointed lawyer due to a mistake of the judicial authorities. For this reason, the applicant was never officially informed of the proceedings taking place and did not attend them.
The applicant complains under Article 6 § 1 of the Convention, claiming that her conviction in absentia and the failure to reopen the proceedings deprived her of a fair hearing and of access to a tribunal. She further complains under Article 6 § 3 (a) and (c) of the Convention, claiming she was never informed about the charges against her and that her right to defend herself in person was violated.
QUESTIONS TO THE PARTIES
Did the applicant have a fair hearing in the determination of the criminal charge against her (see Yeğer v. Turkey, no. 4099/12, § 30 and § 33, 7 June 2022)? In particular:
(a)  Was the applicant informed in sufficient detail of the nature and cause of the accusations against her, as required by Article 6 § 3 (a) of the Convention? In this regard, was the writ of summons served and notified to the applicant (see Pereira Cruz and Others v. Portugal, nos. 56396/12 and 3 others, § 196, 26 June 2018)?
(b)  Did the applicant enjoy a practical and effective defence in accordance with Article 6 § 3 (c) of the Convention during the criminal proceedings against her? If not, were the relevant authorities obligated to take steps to ensure practical and effective respect for the applicant’s right to due process (see Sejdovic v. Italy [GC], no. 56581/00, §81, 84 and 94, ECHR 2006-II)?
 
The Government are requested to submit a copy of the notification of the order validating the preventive seizure by the preliminary investigations judge of Velletri District Court (“la notifica del provvedimento di convalida del sequestro preventivo del GIP di Velletri”).