Judgment No. 50102 of 2023: The Importance of Geolocation as Evidence in Criminal Law

The judgment No. 50102 of 2023, issued by the Court of Cassation, addresses a crucial topic in the field of criminal law: the acquisition and validity of evidence in the guilt trial. In particular, the Court highlighted the importance of geolocation and "other elements of evidence" for the assessment of criminal responsibility, thus providing a new and relevant meaning to this aspect of jurisprudence.

The Regulatory Context

The issue is framed within a regulatory context defined by Law No. 178 of 2021, which introduced a transitional discipline on the use of telephone records and telematic data. According to Article 1, paragraph 1-bis of this law, "other elements of evidence" must corroborate the external data of conversations to be valid in the guilt trial. This means that not only direct evidence is relevant, but also indirect evidence, as long as it is legitimately acquired and capable of confirming the main means of evidence.

The Headnote of the Judgment

Telephone records - Transitional discipline introduced by Article 1, paragraph 1-bis, of Law No. 178 of 2021 - "Other elements of evidence" necessary for the guilt trial - Identification - Case - Geolocation. Regarding the acquisition of data relating to telephone and telematic traffic, the "other elements of evidence" that, pursuant to the transitional provision of Article 1, paragraph 1-bis, of Decree Law No. 132 of September 30, 2021, converted, with amendments, by Law No. 178 of November 23, 2021, must corroborate the so-called "external data" of conversations, for the purposes of the guilt trial, can be of any type and nature, as they are not predetermined in species and quality, so they can include not only direct historical evidence but also indirect evidence, legitimately acquired and suitable, even on the level of mere logical consequence, to support the means of evidence deemed "ex lege" in need of confirmation. (Case related to the crime of aggravated theft in conspiracy, in which the Court recognized evidentiary value to the geolocation obtainable from the mobile phone interception system used by one of the defendants, along with other corroborating elements of this data, such as records and interactions with co-defendants in the immediacy of the agreed time for the execution of the crime).

Practical Implications of the Judgment

The Court has thus established that geolocation, obtained through telephone interceptions, can have significant evidentiary value. Lawyers must now pay particular attention to the collection and interpretation of such data, which, if supported by further evidentiary elements, may prove decisive in determining the guilt or innocence of the defendant. It is essential to consider that the validity of evidence depends not only on its origin but also on its ability to interact and corroborate other evidence.

  • Importance of geolocation as circumstantial evidence.
  • Need for corroboration by additional elements of evidence.
  • Relevance of recent regulatory discipline in the criminal evidentiary context.

Conclusions

Judgment No. 50102 of 2023 offers a clear and updated view on how modern technologies and collected data can influence legal decisions in criminal law. Lawyers and legal professionals must be ready to integrate these aspects into their defense strategies, considering the growing importance of digital data in the current evidentiary landscape.

Bianucci Law Firm