The Judgment No. 25122 of 2023: Photographic Identification and Admissibility of Evidence in Criminal Law

The recent ruling of the Court of Cassation No. 25122 dated 07/03/2023 offers important insights into the use of evidence in criminal proceedings, particularly regarding photographic identification. The central question is whether such evidence can be used in the absence of personal identification during the trial, opening a fundamental debate on the methods of identifying defendants.

The Context of the Judgment

The case involved the defendant M. Z. and revolved around the validity of the photographic identification made during the preliminary investigations. The Court established that, although there was no personal identification during the trial, the identification of the subject can still be considered valid if supported by objective and consistent statements.

  • The photographic evidence can substitute for direct identification.
  • The presence of objective data corroborating the testimony is essential.
  • The time elapsed since the event can influence the witness's memory but does not exclude the validity of the evidence.
Photographic identification made during the preliminary investigations - Lack of identification during the trial - Usability of photographic identification and suitability to support the assertion of responsibility - Existence - Conditions - Case. In terms of evidence not regulated by law, where the photographic identification made during the preliminary investigation is not followed, in the trial phase, by the personal recognition of the defendant present in terms of "absolute certainty," the evidence of the identification of the said person can also be reached by evaluating the previous confirming statement of the photographic identification, verifying the existence of objective data, possibly also referred by the witness, that provide an explanation for the lack of memory in terms of safe concordance. (Case in which the Court deemed the conviction decision correct in light of the lack of recognition of the defendant by the eyewitness, who had justified the fading of the memory regarding the person with the time elapsed since the events, but who, at the same time, had recognized the vehicle used for the escape by the robbers, a circumstance that found "aliunde" extrinsic confirmation).

Implications of the Judgment

The decision of the Court of Cassation highlights the flexibility of evidentiary law in Italy, allowing the use of photographic identification as valid evidence even in the absence of a strong link between the witness and the defendant. This ruling aligns with the principles of Due Process, enshrined in the European Convention on Human Rights, which aims to ensure a balance between the demands of justice and the rights of the defendant.

Conclusions

The ruling No. 25122 of 2023 represents an important milestone in Italian jurisprudence regarding evidence in criminal proceedings. It clarifies that, although personal identification during the trial is preferable, its absence does not necessarily undermine the validity of other forms of identification, such as photographic identification. The implications of this decision could influence future cases and legal practice in Italy, making it essential for lawyers and legal practitioners to have a deep understanding of these regulatory developments.

Bianucci Law Firm