Judgment No. 1223 of 2024: The Confirmation of Acquittal on Appeal and the Principle of Beyond a Reasonable Doubt

The recent judgment No. 1223 of November 7, 2024, filed on January 13, 2025, issued by the Court of Appeal of Brescia, offers important reflections on the role of the appellate judge and the evaluation of testimonial evidence in acquittal contexts. The decision, presided over by Judge V. D. N., with rapporteur A. C., addressed crucial issues related to the trial proceedings and the principle of beyond a reasonable doubt, which is central to criminal law.

The Context of the Judgment

In this specific case, the civil party challenged a first-instance judgment that had acquitted the defendant P. P.M. BALDI FULVIO of defamation charges. The civil party, dissatisfied with the decision, requested a reassessment of the testimonial evidence, arguing that there were sufficient elements to reach a conviction. However, the Court of Appeal confirmed the acquittal, deeming it unnecessary to renew the trial proceedings.

The Principle of Beyond a Reasonable Doubt and the Renewal of the Proceedings

A fundamental aspect of the judgment is the confirmation that the appellate judge is not required to renew the trial proceedings when it comes to confirming an acquittal. This principle is consistent with the interpretation of Article 603, paragraph 3-bis, of the Code of Criminal Procedure, which establishes that the burden of proof in cases of conviction must be demonstrated beyond a reasonable doubt. The Court stated:

First-instance acquittal judgment - Appeal by the civil party for reassessment of testimonial evidence - Confirmation of acquittal on appeal - Violation of Article 603, paragraph 3-bis, Code of Criminal Procedure - Exclusion - Reasons. The appellate judge who confirms the acquittal judgment challenged by the civil party for reasons related to the evaluation of testimonial evidence is not required to renew the trial proceedings, since such an obligation, in accordance with a constitutionally oriented interpretation of the provision in Article 603, paragraph 3-bis, of the Code of Criminal Procedure, must be correlated to the principle of "beyond a reasonable doubt," which applies in the context of conviction and not acquittal.

This statement underscores the importance of the presumption of innocence and the principle of non-guilt, which must also be respected in appellate proceedings. The civil party, in requesting a reassessment of the evidence, cannot ignore the fact that the burden of proof remains on the prosecution.

Conclusions

Judgment No. 1223 of 2024 reaffirms a fundamental principle of criminal law: the impossibility of convicting a defendant without certain and unavoidable evidence. This case highlights how the appellate judge must limit themselves to verifying whether the first-instance judgment was correctly issued, without the need to renew the trial proceedings in the case of acquittal. The confirmation of the first-instance judgment by the Court of Appeal of Brescia represents, therefore, an important step in the protection of the rights of the defendant and in safeguarding the principle of legality.

Bianucci Law Firm