Judgment No. 17225 of 2023: The Importance of Defense Investigations in Criminal Proceedings

Judgment No. 17225 of March 14, 2023, issued by the Court of Cassation, offers an important reflection on the topic of defense investigations within the Italian procedural context. In particular, the ruling focuses on the inadmissibility of written statements received by the defense counsel, in the absence of the relevant authentication report provided for by Article 391-ter of the Code of Criminal Procedure. This legal aspect not only highlights the importance of procedural formalities but also emphasizes the rights of the investigated person.

The Regulatory Framework for Defense Investigations

The Italian Code of Criminal Procedure precisely regulates the methods by which defense investigations must be conducted. In particular, Article 391-ter establishes that written statements must be accompanied by an authentication report that guarantees their validity. The absence of such a document leads to the inadmissibility of the statements, as clarified by the judgment in question.

Defense investigations – Written statements received by defense counsel – Failure to draft the report referred to in Article 391-ter of the Code of Criminal Procedure – Inadmissibility – Reasons. In the context of defense investigations, written statements received by defense counsel, to which the written authentication report referred to in Article 391-ter of the Code of Criminal Procedure is not attached, are inadmissible, given that the documentation methods provided therein, prescribed by Article 391-bis, paragraph 2, of the Code of Criminal Procedure, ensure the fulfillment of the informational obligations imposed by the subsequent paragraph 3, required, under penalty of inadmissibility, by paragraph 6 of the same provision.

The Court, with this maxim, emphasizes how adequate documentation of defense investigations is not merely a formal matter but an essential element for guaranteeing the rights of the defendant. Article 391-bis of the Code of Criminal Procedure, in fact, establishes informational obligations that must be respected to ensure transparency and the correct conduct of investigations.

Practical Consequences of the Judgment

The practical consequences of Judgment No. 17225 of 2023 are significant. Firstly, it draws the attention of lawyers and defense counsel to the importance of respecting the forms provided by law. An error in drafting the authentication report could lead to the inadmissibility of the evidence collected, with very serious repercussions on the proceedings and the defendant's defense.

• Reinforcement of the need for proper management of defense investigations.
• Implications for the validity of irregularly collected evidence.
• Call to the importance of continuous training for lawyers.

Furthermore, the ruling is part of a line of case law that tends to value procedural guarantees, in line with the principles established by the European Court of Human Rights, which emphasizes the importance of the right to a fair trial.

Conclusions

Judgment No. 17225 of 2023 represents an important reference point for all legal professionals. It highlights how formality in defense investigations should not be overlooked, and how the correct documentation of written statements is fundamental to ensuring the legitimacy of evidence. In a complex legal system like the Italian one, adherence to procedures is not just a matter of form but a genuine guarantee of justice for the defendant.