Use of Video Recordings in Criminal Matters: Commentary on Judgment No. 49798 of 2023

The judgment No. 49798 of September 28, 2023, issued by the Court of Cassation, raised important questions regarding the admissibility of video recordings as evidence in criminal proceedings. In particular, the Court examined the necessary conditions for such evidence to be considered valid and admissible in a trial.

Video Recordings of Non-Communicative Behaviors

The Court established that video recordings documenting "non-communicative" behaviors, i.e., those showing the mere presence of people or objects without communicative interactions, may be considered atypical evidence. However, it is essential that these recordings are made in public places or places open to the public, or in private environments not related to the domicile, as in the latter cases a specific authorization from the judicial authority is required.

  • Video recordings in public places are usable without particular authorizations.
  • In private places other than the domicile, a reasoned measure from the judicial authority is required.
  • Video recordings made within the domicile are always considered illegal.
Video recordings of non-communicative behaviors - Usability - Conditions - Case Law. Video recordings of "non-communicative" behaviors, which represent the mere presence of things or people and their movements, constitute atypical evidence if carried out, even at the initiative of the judicial police, in public places, open to the public or exposed to the public, or in private environments other than "domicile", where intimacy and confidentiality must be guaranteed, since, in the latter case, a reasoned measure from the judicial authority justifying their usability concerning investigative needs and the invasiveness of the act is necessary, while they are to be classified as illegal evidence, the acquisition and use of which is always prohibited when carried out within places related to the notion of "domicile," as they violate Article 14 of the Constitution (Case in which the Court deemed the images captured in front of the residence of the perpetrator of the crime as usable).

Implications of the Judgment

This judgment represents an important guide for law enforcement and legal practitioners, as it clarifies the guidelines to follow for the acquisition of evidence through video recordings. The Court emphasized that the protection of the private sphere is a fundamental right enshrined in Article 14 of the Italian Constitution, which prohibits intrusion into one's domicile without a justified measure. This implies that video recordings made without authorization in such spaces may compromise the entire process, rendering such evidence inadmissible.

Conclusions

The judgment No. 49798 of 2023 offers significant reflection on the methods of using video evidence in criminal contexts, highlighting the need for a balance between investigative needs and respect for fundamental rights. Legal practitioners must pay attention to these guidelines to ensure the validity of the evidence collected and to protect the rights of the individuals involved.

Bianucci Law Firm