Analysis of Judgment No. 13384 of 2024: Pre-Trial Statements and Criminal Responsibility

With judgment no. 13384 dated February 15, 2024, the Court of Cassation addressed a crucial issue in the field of criminal law: the suitability of pre-trial statements made in the absence of contradicting parties to serve as the basis for ascertaining criminal responsibility. The decision, which rejects the appeal presented, is based on principles established by European and Italian jurisprudence.

Pre-Trial Statements and Their Use

According to Article 512 of the Code of Criminal Procedure, pre-trial statements can be used in court, provided that appropriate procedural guarantees are respected. The Court emphasized that, to be considered valid, such statements must undergo a thorough credibility assessment, ensuring that there is no arbitrariness in their use.

Pre-trial statements made in the absence of contradicting parties - Suitability to form the exclusive and determining basis for ascertaining criminal responsibility - Compatibility with conventional law – Conditions. Pre-trial statements acquired pursuant to Art. 512 of the Code of Criminal Procedure can constitute, in accordance with the interpretation - having the nature of "consolidated law" - expressed by the Grand Chamber of the European Court of Human Rights in the judgments of December 15, 2011, Al Khawaja and Tahery v. United Kingdom, and December 15, 2015, Schatschaachwili v. Germany, the "exclusive and determining" basis for ascertaining responsibility, provided they are made in the presence of "adequate procedural guarantees," identifiable in the thorough credibility assessment of the accusatory contents, also conducted through the scrutiny of the methods of collection and in the compatibility of the statement with the contextual data.

The Required Procedural Guarantees

The Court specified that procedural guarantees are essential to ensure a fair trial, as stipulated by Article 6 of the European Convention on Human Rights. Among the required conditions, the following stand out:

  • Assessability of the statements by the judge;
  • Verification of the compatibility of the statements with the collected evidence;
  • Scrutiny of the methods of collection of the statements;
  • Verification of the credibility of the declarant.

In the case at hand, the Court found that the statements of the injured party, corroborated by a photographic identification and other testimonies, were sufficient to ensure the validity of the ascertainment of responsibility.

Conclusions

Judgment no. 13384 of 2024 reaffirms the importance of ensuring adequate procedural guarantees in criminal proceedings, especially when using pre-trial statements. It offers significant reflection on the compatibility between Italian judicial practices and European regulations, emphasizing that respect for fundamental rights is essential for a fair and just legal system.

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