Evidence Seizure: Comment on Judgment No. 46549 of 2024

The recent judgment No. 46549 of October 3, 2024, issued by the Court of Cassation and filed on December 18, 2024, offers significant reflections regarding the legitimacy of evidence seizure. In particular, the established principle clarifies that it is not necessary for the owner of the asset to coincide with the suspect or the perpetrator of the crime to justify a seizure.

The Principle of Evidence Seizure

Evidence seizure is a fundamental tool in criminal proceedings, used to ensure the preservation of evidence deemed relevant for the ascertainment of facts. The judgment in question focuses on the necessary relationship between the seized asset and the crime, rather than the coincidence between the owner and the suspect.

Evidence seizure - Coincidence between the owner of the asset and the suspect as the author of the act - Necessity - Exclusion. For the legitimacy of the evidence seizure, it is not necessary for the owner of the asset subject to the constraint to coincide with the suspect or the author of the act for which proceedings are taking place, as the relationship between the item and the crime is sufficient.

This maxim, which summarizes the established legal principle, implies that the seizure can be legitimate even when the evidence does not directly belong to the suspect. This aspect is crucial, as it broadens the possibilities for investigation and safeguarding the necessary evidence for the ascertainment of truth in criminal proceedings.

Normative and Jurisprudential References

The main normative reference for evidence seizure is found in Article 253 of the New Code of Criminal Procedure. This article outlines the methods and conditions for conducting a seizure, reiterating the importance of the connection between the asset and the crime. It is interesting to note how previous jurisprudence has already addressed similar cases, as demonstrated by the conforming maxims, including:

  • No. 21960 of 2017 Rv. 270508-01
  • No. 10833 of 2021 Rv. 281290-01
  • No. 37145 of 2022 Rv. 283598-01
  • No. 24065 of 2024 Rv. 286552-01

These rulings contribute to outlining a coherent and harmonious legal framework regarding the issue of evidence seizure, highlighting how jurisprudence is in constant evolution to respond to the needs of justice.

Conclusions

In conclusion, judgment No. 46549 of 2024 represents an important milestone in the evolution of Italian criminal law, clarifying a crucial aspect of evidence seizure. The possibility of proceeding with seizure even in the absence of a coincidence between the owner of the asset and the suspect opens new perspectives for the protection of evidence and the effectiveness of investigations. It is therefore essential that legal practitioners and citizens understand the significance of this judgment and the implications it carries within the context of criminal investigations.

Bianucci Law Firm