Judgment No. 25593/2023 and the Issue of 'more uxorio' Cohabitation in Testimony

The judgment No. 25593 of February 14, 2023, filed on June 14, 2023, has raised important legal questions regarding testimony and the concept of 'more uxorio' cohabitation. The Court of Cassation, presided over by Dr. M. Boni and with Dr. T. Liuni as the rapporteur, analyzed the case of a witness who requested to refrain from making statements, claiming to have an intimate relationship with the defendant. Let us examine the key points of this judgment together.

The Right to Abstain and the 'more uxorio' Cohabitant

According to Article 199, paragraph 3, of the Code of Criminal Procedure, a witness has the right to refrain from making statements if their testimony could harm their right to privacy or that of a family member. In this case, the Court deemed the existence of a personal relationship between the witness and the defendant relevant to evaluate the existence of 'more uxorio' cohabitation. The Court emphasized that cohabitation, even if not constant, can be sufficient to establish this legal situation.

  • Importance of adequate and logical reasoning in the judge's decision.
  • Analysis of the relationship between the witness and the defendant, regardless of economic ties.
  • Factual judgment not subject to review in the legitimacy phase, if appropriately justified.

The Maxims of the Judgment

'more uxorio' Cohabitant - Verification of the related situation - Factual judgment - Reviewability in the legitimacy phase - Limits - Case specifics. The denial of a witness's right to abstain from making statements under Article 199, paragraph 3, of the Code of Criminal Procedure, due to the perceived absence of the prerequisite of 'more uxorio' cohabitation with the defendant, is based on a factual judgment not subject to review in the legitimacy phase, when adequately and logically justified. (Case in which the Court considered the existence of a personal relationship between the witness and the defendant relevant for the right to abstain, even in the face of only occasional cohabitation and irrespective of the economic relations between the two).

Conclusions

In summary, judgment No. 25593/2023 highlights the importance of a careful evaluation of personal relationships in the context of testimony. The Court confirmed that the definition of 'more uxorio' cohabitation is not limited to stable cohabitation, but can also include more flexible relationships. This approach offers greater protection to the rights of witnesses and underscores the complexity of relational dynamics, which the law must interpret with care. Legal practitioners must therefore consider these aspects to manage testimonies and any requests for abstention appropriately.

Bianucci Law Firm