Analysis of Judgment No. 48080 of 2023: Implications on the Silence of the Accused and Compensation for Unjust Detention

Judgment No. 48080 dated November 14, 2023, by the Court of Cassation represents an important step forward in Italian jurisprudence regarding compensation for unjust detention. This decision is based on the recent amendment to Article 314 of the Code of Criminal Procedure, enacted by Legislative Decree No. 188 of 2021, and provides a clear interpretation regarding the silence of the accused during interrogation.

The Regulatory Context and the Judgment

The Court established that the silence maintained by the accused during interrogation should not be considered a slight element of guilt but rather a manifestation of the right to defense. This aspect is crucial, as the recognition of compensation for unjust detention cannot be hindered by a legitimate defensive choice.

Art. 314 Code of Criminal Procedure as amended by Art. 4, paragraph 1, letter b), Legislative Decree No. 188 of 2021 - Silence - Determination of compensation - Relevance - Exclusion - Reasons. In the matter of compensation for unjust detention, following the amendment of Art. 314, paragraph 1, of the Code of Criminal Procedure by Art. 4, paragraph 1, letter b), Legislative Decree of November 8, 2021, No. 188, the silence maintained by the accused during interrogation, in exercising the defensive right provided by Art. 64, paragraph 3, letter b) of the Code of Criminal Procedure, not constituting a case of slight guilt, does not preclude recognition of compensation nor does it have relevance for its determination.

The Implications of the Judgment

This judgment establishes a fundamental principle: the right to defense cannot be penalized. In particular, the Court emphasized that:

  • The silence of the accused should not be interpreted as an admission of guilt.
  • The 2021 legislative amendment clarified that the absence of statements should not affect the right to compensation.
  • The recognition of compensation must be based on objective criteria and not on legitimate defensive choices.

These points highlight how jurisprudence is evolving to ensure greater protection of the rights of the accused, especially in situations of unjust detention.

Conclusions

Judgment No. 48080 of 2023 represents an important affirmation of the rights of the accused within our legal system. The Court, through careful reading of the current regulations, has highlighted how silence can be an exercise of the right to defense, rather than a reason to deny compensation. This decision not only provides regulatory clarity but also fits into a broader context of human rights protection and justice, contributing to building a more equitable and just legal system for all.

Bianucci Law Firm