Commentary on Judgment No. 50324 of 30/11/2023: Validation of the Evidentiary Seizure

Judgment No. 50324 of November 30, 2023, published by the Court of Cassation, offers an important reflection on the legitimacy of the decree validating the evidentiary seizure, with particular attention to the motivation "by reference". This legal principle, which fits into the context of preliminary investigations, raises significant questions regarding constitutional rights and the proper exercise of power by the public prosecutor.

The Decree Validating the Evidentiary Seizure

The validating decree, pursuant to the New Code of Criminal Procedure, is a fundamental act in the criminal process, as it determines the legitimacy of a seizure carried out by the judicial police. The Court has clarified that the motivation "by reference" implies that the public prosecutor must conduct a critical assessment of the cited acts, in a context where the connection between the crime and the "res" subject to the seizure may be indirect.

Decree validating the evidentiary seizure - Motivation "by reference" - Legitimacy – Conditions. Regarding the evidentiary seizure initiated by the judicial police, the validating decree motivated "by reference" presupposes that the critical assessment that the public prosecutor is required to carry out concerning the cited acts is all the more significant the more "indirect" the connection between the crime and the "res" is, and the greater the level of investigative progression and the degree of infringement of the constitutional rights involved.

Implications for Constitutional Rights

The Court has highlighted that, in the presence of an indirect connection between the crime and the object of the seizure, the responsibility of the public prosecutor intensifies. He must ensure an accurate assessment that takes into account not only the evidentiary relevance but also the infringement of the fundamental rights of the individuals involved. This implies a balancing act between the public interest in the search for truth and the safeguarding of personal rights.

Conclusions

Judgment No. 50324 of 30/11/2023 fits into a continuously evolving legal context, where the protection of fundamental rights must always be at the center of justice's actions. The motivation "by reference" thus represents an essential criterion for ensuring the legitimacy of restrictive measures, safeguarding not only legality but also the dignity of individuals involved in the criminal proceedings.

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