Production of minutes in defensive investigations: commentary on judgment no. 46795 of 2024

Judgment no. 46795 of 2024, issued by the Court of Cassation, provides important clarifications regarding the production of minutes of statements taken during defensive investigations. In particular, the Court has established that these minutes are not subject to the five-day deadline set by Article 666, paragraph 3, of the Code of Criminal Procedure, which applies exclusively to the filing of briefs. This decision has significant implications for the right to defense and for surveillance procedures.

The context of the judgment

The central issue of the judgment concerns the application of the five-day deadline, which was introduced to ensure adequate adversarial debate between the parties before the hearing. However, the legislator has provided that this deadline does not apply to the minutes of defensive investigations, recognizing the importance of ensuring a full and articulated defense for the accused.

Production of minutes of statements taken during defensive investigations - Five-day deadline set by Article 666, paragraph 3, Code of Criminal Procedure - Applicability - Exclusion. With regard to surveillance proceedings, the production of minutes related to statements taken during defensive investigations is not subject to the five-day deadline preceding the hearing referred to in Article 666, paragraph 3, Code of Criminal Procedure, which concerns exclusively the filing of briefs.

Implications for the right to defense

With this judgment, the Court of Cassation aimed to reaffirm the importance of the right to defense, a fundamental principle enshrined in the Italian Constitution and the European Convention on Human Rights. The decision to exclude the minutes of defensive investigations from the filing deadline promotes greater transparency and access to information by the defense, allowing lawyers to adequately prepare for the hearing.

  • Recognition of the centrality of the right to defense.
  • Clarification of procedural rules regarding surveillance.
  • Greater protection for the accused during investigations.

Conclusions

Judgment no. 46795 of 2024 represents a significant step in strengthening the right to defense in the context of surveillance proceedings. Excluding the minutes of defensive investigations from the five-day deadline set by Article 666, paragraph 3, of the Code of Criminal Procedure is a choice aimed at ensuring a fair trial that respects the fundamental rights of the accused. Lawyers should take these indications into account to better protect the interests of their clients.

Bianucci Law Firm