Judgment No. 23967 of 2023: Reflections on the Review and Credibility of the Victim

The recent ruling by the Court of Cassation, with judgment no. 23967 of March 23, 2023, has sparked extensive debate among legal experts. The Court declared the appeal regarding the review of a judgment that had already become final as inadmissible, placing particular emphasis on the role and credibility of the victim in the evidentiary context. But what are the implications of this decision for our legal system?

The Context of the Judgment

The Court addressed the issue of evaluating the credibility of the victim, highlighting that such evaluation, already carried out in the trial phase, cannot be re-examined in the review stage, unless the actual existence of a historical fact is disputed. This position is based on a strict interpretation of criminal procedural norms, particularly regarding Articles 630 and 631 of the New Code of Criminal Procedure.

The Maxim of the Judgment

New evidence - Re-examination of the victim's credibility - Exclusion - Conditions. The evaluation of the victim's credibility, already made in the trial phase, cannot be subject to re-examination in the review stage, unless the actual existence of a historical fact identified as external verification to the statements made by the victim is contested.

This maxim is fundamental to understanding the significance of this judgment. It clearly establishes that, in the review stage, it is not possible to re-examine the credibility of the victim unless new elements emerge that may contest the existence of a historical fact. In other words, the Court intends to preserve the stability of trial decisions, preventing a review from reshaping the entire evidentiary framework based on a mere reconsideration of the victim's credibility.

Implications for Jurisprudence

This position of the Court of Cassation is also reflected in previous case law, as highlighted in judgments no. 5217 of 2021 and no. 53236 of 2018. The consistency in treating the credibility of the victim in the review stage is crucial to ensuring a balance between the right to defense and the need to ensure legal certainty.

The conditions established by judgment no. 23967 have several practical implications:

  • Strengthening the stability of judgments that have become final.
  • Limiting the scope of new evidence in the review process.
  • Emphasis on the role of historical evidence as a fundamental element in the re-examination.

Conclusions

In conclusion, judgment no. 23967 of 2023 represents a significant step in strengthening the principle of legal certainty, limiting the possibilities of review based on a new assessment of the victim's credibility. The implications of this decision extend beyond the specific case, contributing to defining the contours of a legal system that must always balance the rights of the parties with the need for stability and certainty in judicial decisions.

Bianucci Law Firm