The Capacity to Testify According to Judgment No. 24365 of 2023: Analysis and Implications

Judgment No. 24365 of March 14, 2023, issued by the Court of Cassation, offers an important reflection on the capacity to provide testimony in a criminal trial. The judge, when assessing a witness's suitability, must consider not only their ability to understand the questions but also their memory and awareness of the facts. This article aims to analyze the salient points of this decision and its consequences in the current legal landscape.

The Concept of Capacity to Testify

The ruling highlights that the ability to provide testimony involves several fundamental requirements:

  • Ability to understand the questions posed by the judge;
  • Ability to adjust answers coherently;
  • Sufficient memory regarding the facts subject to deposition;
  • Full awareness of the obligation to testify truthfully and completely.

It is interesting to note that not every contradictory behavior on the part of the witness is sufficient to justify doubts about their capacity to testify. Only a situation of extreme lack of awareness can lead the judge to require assessments of the individual's ability to provide testimony.

Assessments of the Capacity to Testify

The Court clarifies that the assessments necessary to evaluate the capacity to testify do not necessarily have to be technical in nature. They can also be carried out by qualified individuals, which opens up greater flexibility in the judge's approach. The law does not impose that such evaluations be reserved exclusively for experts in the field, but rather for figures capable of offering an adequate assessment of the witness's situation.

Notion - Consequences - Assessments - Conditions - Indication - Methods. The suitability to provide testimony implies the ability to understand the questions and adjust the answers, alongside sufficient memory regarding the facts subject to deposition and full awareness of reporting them truthfully and completely, so that not every contradictory behavior, but only a situation of extreme lack of awareness in the witness regarding their role, determines the obligation for the judge to order assessments of their capacity to testify, nor do these assessments necessarily have to be technical in nature, as they can well be conducted by "qualified" individuals.

Conclusions

Judgment No. 24365 of 2023 represents an important reference point for Italian jurisprudence regarding the capacity to testify. It emphasizes the importance of a careful and contextualized evaluation of testimony, avoiding excessive simplifications. The distinction between contradictory behaviors and a real inability to understand and report highlights the need for an approach that considers the specifics of each case, thus contributing to ensuring a fair trial and the safeguarding of the rights of all parties involved.

Bianucci Law Firm