Judgment No. 30645 of 2024: Limits on the Acquisition of Investigation Documents in Trial

In the field of criminal law, judgment no. 30645 of April 19, 2024, filed on July 26, 2024, provides significant insights on the acquisition of investigation documents during trial. The Court of Appeal of Brescia declared the defense's request to acquire such documents inadmissible, emphasizing that this is barred in the event of opposition from the public prosecutor. Let us analyze the details and implications of this decision together.

The Regulatory Context

The issue addressed by the Court arises from the provisions of the New Code of Criminal Procedure, particularly Articles 431 and 493. These rules establish the criteria for the admission of evidence during the trial, highlighting that the acquisition of investigation documents requires not only a request from the defense but also the consent of all parties involved. In the absence of this consent, the request is deemed inadmissible.

  • Article 431, paragraph 2: Rule on the admission of evidence in trial.
  • Article 493, paragraph 3: Specific rules regarding the request for investigation documents.

The Meaning of the Judgment's Maxim

The acquisition of investigation documents into the trial file, even if requested by the defense of the accused, is barred in the event of opposition or dissent by the public prosecutor, and can only occur if all parties consent.

This maxim, contained in the judgment, highlights a fundamental principle of criminal procedure: the necessity of an agreement between the parties. The possibility of acquiring evidence is therefore closely tied to the cooperation between the prosecution and the defense, reflecting a balance of powers that must be respected to ensure a fair trial. The Brescia ruling aligns with previous jurisprudence, such as judgments no. 2228 of 2023 and no. 1068 of 2023, which had already emphasized the centrality of consent in criminal proceedings.

Conclusions

In conclusion, judgment no. 30645 of 2024 from the Court of Appeal of Brescia represents an important confirmation of the need for unanimous consent among the parties for the acquisition of investigation documents in trial. This jurisprudential orientation helps to delineate the boundaries of evidence in criminal proceedings, ensuring that the right to defense does not unilaterally prevail over the rights of the prosecution. The decision highlights the importance of collaboration between the parties in accordance with procedural rules, safeguarding the right to a fair trial.

Bianucci Law Firm