Judgment No. 17307 of 2024: The Value of the Contradictory in Witness Examination

The recent judgment No. 17307 of January 24, 2024, by the Court of Cassation offers significant insights into the management of witness evidence in the context of potential unlawful pressures. In particular, the Court addressed the legitimacy of acquiring the pre-trial statements of a witness subjected to unlawful conduct, emphasizing the importance of the contradictory and the trial examination.

The Legal Context of the Judgment

The Court examined a case in which a witness was under pressure, potentially affecting the genuineness of the evidence. According to Article 500, paragraph 4, of the Code of Criminal Procedure, statements made before the trial cannot be used for evidentiary purposes unless the witness is first examined and cross-examined. This principle relates to Article 111, paragraph 4, of the Constitution, which guarantees the right to an effective contradictory.

Witness subjected to unlawful conduct under Article 500, paragraph 4, of the Code of Criminal Procedure present in trial to provide examination - Possibility of acquiring pre-trial statements for evidentiary purposes without proceeding to examination and cross-examination - Exclusion - Reasons. In terms of witness evidence, when the witness subject to pressures aimed at contaminating the genuineness of the evidence does not evade trial examination, the acquisition for evidentiary purposes, under Article 500, paragraph 4, of the Code of Criminal Procedure, of the pre-trial statements made by the same is illegitimate, unless the examination, including the cross-examination, is conducted first, as an essential dialectical moment for the effectiveness and completeness of the "subjective" contradictory guaranteed by Article 111, paragraph 4, of the Constitution.

Implications for Witness Evidence

This judgment underscores the importance of ensuring that every witness, especially in delicate contexts like the one described, can be examined in the trial. Acquiring statements without the necessary contradictory could compromise the right to defense and the fairness of the trial. The issue fits into a broader reflection on the protection of witness evidence and the need to safeguard witnesses from possible intimidation or external pressures.

  • The witness must be placed in a position to freely express their testimony.
  • It is essential that cross-examination occurs to ensure effective dialogue between the parties.
  • The legitimacy of evidence must always be guaranteed to protect the rights of the parties involved in the trial.

Conclusions

In conclusion, judgment No. 17307 of 2024 reaffirms a cornerstone principle of criminal law: the contradictory is essential for the validity of witness evidence. In a context where unlawful pressures can compromise procedural truth, it is crucial that every witness is not only heard but also placed in a position to be examined fairly and comprehensively. This approach not only protects the rights of the parties but also ensures the integrity of the legal system as a whole.

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