Analysis of Judgment No. 27813 of 2024: The Importance of Proper Procedure in Genetic Investigations

Judgment No. 27813 of June 20, 2024, issued by the Court of Cassation, focuses on a crucial aspect of criminal investigations: the validity of genetic evidence. In particular, the decision emphasizes the importance of strict adherence to international protocols to ensure the certainty and reliability of DNA analyses, an element increasingly used in courtrooms. This article aims to clarify the main points of the judgment and their relevance to the Italian legal system.

The Context of the Judgment

The case concerns the defendant A. N., involved in a criminal investigation where a cigarette butt found in a stolen vehicle was used as evidence. The Court annulled the previous decision, highlighting that the comparative DNA analysis had been conducted in violation of the procedural rules set forth by international scientific protocols. Such violations rendered the outcomes of the analyses uncertain, preventing these results from being attributed any evidentiary value.

The Key Point of the Judgment

Violation of International Protocols - Certainty of Outcomes - Exclusion - Evidentiary Value - Exclusion - Mere Procedural Data - Existence - Specific Case. In the context of genetic investigations, comparative DNA analysis conducted in violation of the procedural rules prescribed by international scientific protocols regarding the collection and preservation of the materials to be examined, as well as the repetition of analyses, renders the outcomes uncertain, such that it is not possible to assign them any evidentiary value, constituting, rather, a mere procedural datum, devoid of autonomous demonstrative capacity and susceptible of appraisal only in terms of possible confirmation of other evidentiary elements. (Specific case concerning genetic investigations on a cigarette butt found inside a stolen vehicle).

This key point clearly highlights how the violation of DNA analysis procedures not only compromises the reliability of the results but also the entire evidentiary value of such results within the criminal process. The Court reiterated that data collected in a non-compliant manner cannot be considered valid evidence, but merely elements that require further confirmation.

Implications for Italian Jurisprudence

The decision of the Court of Cassation fits within a broader context of attention to the proper management of scientific evidence. Article 192 of the New Italian Code of Criminal Procedure states that evidence must be obtained legitimately and that its relevance must be critically evaluated. Violations of such principles can lead to the exclusion of evidence, as highlighted in this judgment.

  • The necessity to adhere to scientific protocols to ensure the reliability of evidence.
  • The possibility of contesting the admissibility of genetic evidence in cases of procedural violations.
  • The role of DNA analysis as a crucial element in investigations, but with the need for a rigorous approach.

Conclusions

Judgment No. 27813 of 2024 represents a significant step in protecting the rights of defendants, emphasizing how science and law must interact harmoniously. The correct application of international protocols in genetic investigations is not just a matter of practice but a fundamental principle to ensure a fair trial. Legal practitioners must increasingly be aware of the importance of these regulations, to avoid compromising the integrity of the legal system.

Bianucci Law Firm