Judgment No. 27411 of 2024: Burden of Allegation and Justification in Criminal Law

The judgment No. 27411 of June 20, 2024, issued by the Court of Cassation, offers an important reflection on the regulation of the burden of allegation concerning causes of justification and exclusion of culpability. In this article, we will analyze the content of the judgment and its implications in the Italian legal context.

The Principle of the Burden of Allegation

The Court established that, for the recognition of a cause of justification or an exemption, the burden of allegation rests on the defendant in relation to the factual assumptions of the exemption that fall within their personal sphere of knowledge. However, this burden may be lifted when the circumstances known or knowable "ex actis" allow the judge to independently carry out the relevant assessment.

Burden of allegation by the defendant for the recognition of a cause of justification or an exemption - Configurability - Conditions - Case law. For the recognition of a cause of justification or a cause of exclusion of culpability, the burden of allegation on the defendant operates in relation to the factual assumptions of the exemption that fall within their personal sphere of knowledge, being lifted when the known or knowable circumstances "ex actis" allow the judge to independently carry out the relevant assessment. (In applying the principle, the Court annulled with referral the conviction for perjury of the appellant who, testifying in a trial for various offenses, including murder, had denied being a victim, about three years earlier, of a serious "beating" by the same defendants, attributing the injuries sustained on that occasion to an accidental event). (See: S.U. No. 12093 of 1980, Rv. 146696-01).

The Implications of the Judgment

The judgment analyzes a specific case in which a defendant, G. S., had been convicted of perjury. In his testimony, he denied being a victim of a serious beating, attributing the injuries to an accidental event. The Court held that, since the circumstances were known to the judge, it was unnecessary for the defendant to provide further evidentiary elements.

  • Recognition of causes of justification
  • Exclusion of culpability
  • Judge's autonomy in assessing evidence

This aspect is crucial as it demonstrates how the Italian legal system allows for a certain flexibility in the interpretation of evidence, promoting fairness in judgment and greater protection of the rights of defendants. The Court thus confirmed the importance of an approach that takes into account not only the statements of the defendant but also the available evidence to the judge.

Conclusions

In conclusion, judgment No. 27411 of 2024 represents a significant step in Italian jurisprudence regarding the burden of allegation and causes of justification. It underscores the necessity of balancing the rights of the defendant and the autonomy of the judge in evaluating evidence. This case could set an important precedent for future proceedings, highlighting the importance of a legal interpretation that favors justice and the right to defense.

Bianucci Law Firm