Judgment No. 15652 of 2022: Retraction and Unreliability of Statements in Criminal Law
The recent judgment No. 15652 of December 21, 2022, offers an important reflection on the evaluation of testimonial evidence in the criminal context. In particular, it focuses on the issue of the retraction of statements by witnesses and the influence these have during the trial. The Court of Cassation has established that statements made during the preliminary investigations can be used to challenge the veracity of the retraction made in court, a fundamental aspect to ensure the reliability of evidence.
The Regulatory Context
The judgment under examination fits into the broader regulatory framework of the Code of Criminal Procedure, particularly Articles 500 and 501. These articles govern trial proceedings and the evaluation of evidence, stating that statements made during the investigation phase can be used to challenge any changes in the version provided by witnesses. This principle is of fundamental importance for the protection of procedural truth and to prevent retractions from questioning already acquired evidence.
The Maxim of the Judgment
Statement made during preliminary investigations - Retraction - Unreliability of the latter - Usability. In terms of evaluating testimonial evidence, account must be taken of statements made by the witness during the preliminary investigations legitimately used for challenges, where they allow for ascertaining the unreliability of the retraction made by the same witness in trial.
This maxim highlights how initial statements can serve as evidence to assess the reliability of testimony during the trial. Essentially, if a witness retracts what they previously stated, it is crucial to consider their prior statements to understand whether the new version is reliable or not. This approach not only safeguards procedural truth but also provides protection for the defendants' rights, preventing inconsistent statements from negatively influencing the course of the trial.
Conclusions
Judgment No. 15652 of 2022 represents an important step forward in Italian jurisprudence regarding testimonial evidence. It emphasizes the need for careful evaluation of the statements made by witnesses and their significance in the context of criminal proceedings. In a legal system that aims to ensure justice, it is essential that retractions are scrutinizable through comparison with previous statements, thus promoting greater transparency and reliability in the trial.
