Judgment No. 30645 of 2024: Limits on the Acquisition of Investigative Acts in Trial

In criminal law, judgment No. 30645 of April 19, 2024, filed on July 26, 2024, offers significant food for thought on the acquisition of investigative acts during the trial. The Court of Appeal of Brescia declared the defense's request to acquire such acts inadmissible, emphasizing that this is precluded in case of opposition from the public prosecutor. Let's analyze the details and implications of this decision together.

The Regulatory Context

The issue addressed by the Court originates from the provisions of the New Code of Criminal Procedure, particularly Articles 431 and 493. These rules establish the criteria for admitting evidence during the trial, highlighting that the acquisition of investigative acts requires not only a request from the defense but also the consent of all involved parties. In the absence of this consent, the request is considered inadmissible.

• Article 431, paragraph 2: Rule on the admission of evidence during the trial.
• Article 493, paragraph 3: Specific rules regarding the request for investigative acts.

The Meaning of the Judgment's Maxim

The acquisition of investigative acts into the trial file, even if requested by the defendant's defense, is precluded in case of opposition or dissent from the public prosecutor, and can only occur if all parties consent to it.

This maxim, contained in the judgment, highlights a cornerstone principle of criminal proceedings: the need for an agreement between the parties. The possibility of acquiring evidence is therefore strictly linked to cooperation between the prosecution and the defense, reflecting a balance of powers that must be respected to ensure a fair trial. The Brescia judgment aligns with previous case law, such as judgments No. 2228 of 2023 and No. 1068 of 2023, which had already emphasized the centrality of consent in criminal proceedings.

Conclusions

In conclusion, judgment No. 30645 of 2024 by the Court of Appeal of Brescia represents an important confirmation of the need for unanimous consent among the parties for the acquisition of investigative acts during the trial. This jurisprudential trend helps to define the boundaries of evidence in criminal proceedings, ensuring that the right to defense cannot unilaterally prevail over the right of the prosecution. The decision highlights the importance of cooperation between the parties in compliance with procedural rules, in protection of a fair trial.