Probative Effect of the Police Report: Analysis of Judgment No. 10376 of 2024

Judgment No. 10376 of April 17, 2024, from the Court of Cassation provides important clarifications regarding the probative effect of the police report, a crucial topic in the context of documentary evidence in civil matters. This ruling delves into the concept of "full proof" provided by the police report and the limits of its validity, especially concerning the statements of the parties involved and the information obtained by the public official.

The Principle of Full Proof and the Complaint of Falsehood

According to the maxim expressed in the ruling, the police report has the effect of full proof, up to a complaint of falsehood, for the statements of the parties and for the facts attested by the public official as having occurred in their presence. However, regarding the factual circumstances established by third parties or following other investigations, the report maintains intrinsic reliability, but this can only be challenged with specific contrary evidence. This aspect is fundamental, as it establishes a balance between the need for reliable evidence and the right to contest such evidence through adequate opposing demonstration.

Police report - Probative effect - Full proof up to a complaint of falsehood - Object and limits - Identification - Circumstances not supported by privileged faith - Evaluation of the same as intrinsically reliable - Configurability - Condition. The police report serves as full proof, up to a complaint of falsehood, only for the statements of the parties and for other facts that the public official attests to having occurred in their presence, while, regarding other factual circumstances that they indicate having verified during the investigation, having learned them from third parties or following other checks, the report, due to its nature as a public act, maintains an intrinsic reliability that can only be challenged by specific contrary evidence. (In application of the principle, the Court rejected the grounds for appeal that criticized the contested ruling for having disregarded the value of "full proof" of the measurements taken by the traffic police, which intervened immediately at the scene of an accident, and reported in the report).

Practical Implications of the Judgment

This decision not only confirms the importance of the police report as a tool of evidence but also highlights some practical implications for the parties involved in legal disputes:

  • Evaluation of Evidence: Parties must be ready to contest the information reported in the police report if it is not supported by direct evidence.
  • Legal Strategy: Preparing a complaint of falsehood may become a fundamental strategy for those wishing to challenge the reliability of the police report.
  • Awareness of Rights: It is crucial for parties to be aware of their rights and the methods for contesting evidence to avoid surprises during the trial.

Conclusions

Judgment No. 10376 of 2024 represents an important step in understanding the probative effect of the police report. It clarifies the limits and conditions of validity of the information provided by public officials, establishing an important distinction between direct and indirect evidence. Parties involved in legal proceedings must keep these principles in mind to effectively navigate the legal system and protect their rights.

Bianucci Law Firm