Judgment No. 48749 of 2023: Defamation and the Right to Defense

The recent judgment No. 48749 of the Court of Cassation, filed on December 6, 2023, offers an important reflection on a delicate issue: the intersection between the right to defense and defamation. The subject of the ruling concerns the defamatory statements made by the accused during interrogation and their non-exemptibility under Article 51 of the Penal Code.

The Legal Context

In particular, the Court established that accusatory statements made by the accused against third parties, while being aware of their innocence, cannot benefit from the exemption provided for the exercise of the right to defense. This decision is based on a strict interpretation of the norm, emphasizing how the crime of defamation does not fall among those for which the cause of exclusion of guilt operates, under Article 384, paragraph one, of the Penal Code.

Defamatory statements made by the accused - Exercise of the right to defense - Exemption under Article 51 Penal Code - Applicability - Exclusion - Reasons. The accusatory statements made by the accused during interrogation against third parties, while aware of their innocence, are not exempted by the exercise of the right to defense, under Article 51 Penal Code. (In motivation, the Court specified that the failure to include the crime of defamation among those for which the cause of exclusion of guilt under Article 384, paragraph one, Penal Code operates, implies that the defense carried out through defamatory accusations does not exclude, 'a fortiori', the unlawfulness of the conduct).

Implications of the Judgment

This ruling by the Court of Cassation could have significant repercussions in legal practice, particularly regarding the defense of defendants. Here are some key points to consider:

  • Defamation as a serious crime: Defamatory statements are not only morally reprehensible but also legally punishable.
  • The right to defense has limits: Although fundamental in criminal proceedings, it does not justify unfounded accusations against third parties.
  • Need for caution: Lawyers must be aware of the legal consequences arising from statements that could be interpreted as defamatory.

Conclusions

Judgment No. 48749 of 2023 clearly clarifies that the exercise of the right to defense cannot be used as a shield to justify defamatory behavior. This interpretation of the law reinforces the importance of an ethical and responsible defense that respects the rights of others and does not translate into unfounded attacks. The hope is that this ruling serves as a deterrent for future similar conduct and promotes a conscious use of the right to defense in accordance with laws and principles of justice.

Bianucci Law Firm