Judgment No. 36918 of 2024: Inadmissibility of Unassisted Statements and Requests for Retroactive Registration
Judgment No. 36918 of 2024, issued by the Court of Cassation, addresses a crucial issue in Italian criminal law: the inadmissibility of statements made by unassisted individuals and those who were belatedly registered in the crime report register. This principle is fundamental to ensuring the respect for the rights of defense and the legality of the evidence used in criminal proceedings.
The Context of the Judgment
In the case examined, the appellant challenged the rejection of the objection to the inadmissibility of statements made by an individual whose registration in the register had occurred late. The Court clarified that, in order to raise the objection of inadmissibility of such statements, it is necessary to submit a request for retroactive registration, as established by Article 335-quater of the Code of Criminal Procedure.
The Principle of Inadmissibility
PROHIBITIONS OF USE (INADMISSIBILITY) - Unassisted statements made by an individual belatedly registered in the crime report register - Inadmissibility - Methods of raising - Request for retroactive registration pursuant to Article 335-quater of the Code of Criminal Procedure - Necessity - Case. Anyone wishing to raise the inadmissibility of statements made in violation of Articles 61 and 63 of the Code of Criminal Procedure, by an individual whose name has been belatedly registered by the public prosecutor in the crime report register, must necessarily submit a request for retroactive registration of the entry, in the forms and within the deadlines provided by Article 335-quater of the Code of Criminal Procedure. (Case concerning an appellant who complained of the rejection, by the review court, of the objection of inadmissibility of unassisted statements made by an individual he claimed was belatedly registered in the crime report register, in which the Court declared the appeal inadmissible, as the appellant had not duly and timely requested - from the investigating judge or the same review court - the retroactive registration of the entry).
This principle is based on the need to ensure a fair trial, in which the statements used as evidence are gathered in compliance with procedural norms. The judgment emphasizes how late registration in the crime report register can compromise the validity of the statements made, especially if the individual did not have the opportunity to be assisted by a lawyer at the time of their collection.
Practical Implications and Conclusions
The decision of the Court of Cassation has significant repercussions for lawyers and those involved in criminal law. It is essential that, in the presence of potentially inadmissible statements, the procedure for requesting retroactive registration is strictly followed, adhering to the deadlines and methods prescribed by law.
- Always comply with the deadlines for requesting retroactive registration.
- Ensure that all statements are assisted by a lawyer, especially during the preliminary investigation phase.
- Be aware of the defense rights of one’s client, avoiding the use of invalid statements that could compromise the trial.
In conclusion, Judgment No. 36918 of 2024 serves as an important guide for managing evidence in criminal proceedings, highlighting the importance of adhering to procedures to ensure a fair trial and the protection of the rights of the accused.
