Commentary on Judgment No. 27382 of 2023: Obstruction of Justice and Pressure on Declarants

Judgment No. 27382, issued by the Court of Cassation on February 8, 2023, has placed a strong emphasis on the seriousness of obstruction of justice, highlighting how the pressures exerted on witnesses may constitute the crime set forth in Article 377 of the Penal Code. This ruling not only clarifies the responsibilities of those who undermine the integrity of the process but also underscores the importance of protecting individuals who provide statements during preliminary investigations.

The Regulatory Context

Article 377 of the Italian Penal Code provides that anyone who exerts pressure or threats on a person who has made accusatory statements is punishable for obstruction of justice. The Court specified that the illicit conduct does not necessarily require that the injured party has already participated in a trial, but it is sufficient that they have filed a complaint and thus fall within the category of "process declarants." This aspect is fundamental to ensure the safety of witnesses and the truth of judicial proceedings.

Obstruction of justice - Pressure on the injured party who has made statements during the investigation phase - Existence of the crime - Case. The conduct of those who exert pressure or threats on a person who has made accusatory statements during preliminary investigations to induce them to retract during this phase or in view of the subsequent trial integrates the crime of obstruction of justice as per Article 377 of the Penal Code. (In this case, the Court found sufficient to constitute the crime the circumstance that the injured party had filed a complaint and was, therefore, classifiable within the category of "process declarants," even though they had only provided information during the preliminary investigations).

Practical Implications of the Judgment

The decision of the Court of Cassation has significant implications for the judicial system. It invites reflection on how threats and pressures can compromise procedural truth and trust in the legal system. The competent authorities must therefore adopt appropriate measures to protect witnesses and ensure that they can freely express their statements without fear of retaliation.

  • Clarity on the definition of "process declarants."
  • Greater protection for witnesses during preliminary investigations.
  • Strengthening of penalties for those who exert pressure on witnesses.

Conclusions

Judgment No. 27382 of 2023 represents a step forward in safeguarding the integrity of the criminal process. Pressures on witnesses not only compromise the truth but also endanger the entire judicial system. It is essential that the legislator and the authorities responsible for law enforcement commit to ensuring that the rights of declarants are protected so that justice can be served fairly and transparently.

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