Judgment No. 48103 of 2023: The Personal Identity of the Defendant and the Unique Identification Code

The recent judgment No. 48103 of September 26, 2023, issued by the Court of Isernia, provides significant insights regarding the verification of the personal identity of defendants in the criminal context. In particular, the decision clarifies the importance of the Unique Identification Code (CUI) as a fundamental tool to ensure the certainty of the defendant's physical identity, even in cases where they present false personal details.

The Legal Context of the Judgment

The central issue of the judgment is the verification of personal identity concerning the defendant, who, in this specific case, had provided false personal details. The Court maintains that, despite the defendant having provided incorrect information about their identity, the CUI assigned to them allows for unequivocal identification. This aspect is crucial for the protection of the defendant's rights and the proper conduct of the criminal trial.

The Principle of the Judgment

Defendant who has provided false personal details - Assignment of the Unique Identification Code - Certainty of physical identity - Reasons. In the matter of verifying personal identity, a defendant who has provided false personal details must be considered fully identified through the procedure that resulted in the assignment of the Unique Identification Code (CUI), which unequivocally distinguishes them from every other individual.

This principle emphasizes that the Unique Identification Code (CUI) is not just a number but an essential element to ensure that each individual is uniquely and distinctly recognized within the legal system. The judgment, therefore, highlights how the assignment of the CUI represents a form of protection for the right to a fair trial and the integrity of the legal system.

Regulatory and Jurisprudential References

  • New Code of Criminal Procedure Art. 66: Rules regarding the identification of the defendant.
  • New Code of Criminal Procedure Art. 68: General provisions on personal identity.
  • New Code of Criminal Procedure Art. 349: Relating to the proof of identity in criminal proceedings.
  • Presidential Decree 07/04/2016 No. 87 Art. 2: Regarding the implementation of the CUI.

These regulatory articles, along with past jurisprudence, such as judgments No. 11082 of 2017 and No. 32082 of 2014, show a consolidated trend aimed at ensuring the certainty of personal identity in criminal proceedings, thereby reinforcing trust in justice.

Conclusions

Judgment No. 48103 of 2023 represents an important step forward in the regulation of personal identity in criminal law. The adoption of the Unique Identification Code thus emerges as an indispensable tool to ensure the respect of defendants' rights and the effectiveness of criminal proceedings. The certainty of physical identity is not just a technical aspect but a fundamental principle for justice, which must always be protected and respected.

Bianucci Law Firm