The ruling no. 17225 of 2023: the importance of defensive investigations in criminal proceedings
The ruling no. 17225 of March 14, 2023, issued by the Court of Cassation, offers an important reflection on the topic of defensive investigations within the Italian procedural context. In particular, the judgment focuses on the inadmissibility of written statements received by the defender, in the absence of the corresponding authentication report provided for by Article 391-ter of the Code of Criminal Procedure. This legal aspect not only highlights the importance of procedural forms but also emphasizes the rights of the accused.
The regulatory context of defensive investigations
The Italian Code of Criminal Procedure precisely regulates the methods by which defensive investigations must be carried out. 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 results in the inadmissibility of the statements, as clarified by the judgment in question.
Defensive investigations – Written statements received by the defender - Omission of the drafting of the report referred to in Article 391-ter of the Code of Criminal Procedure - Inadmissibility - Reasons. In the context of defensive investigations, written statements received by the defender, to which the written authentication report referred to in Article 391-ter of the Code of Criminal Procedure is not attached, are inadmissible, since the documentation methods provided therein, prescribed by the provision of paragraph 2 of Article 391-bis of the Code of Criminal Procedure, ensure compliance with 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 the adequate documentation of defensive investigations is not just a formal matter, but an essential element to guarantee the rights of the accused. Article 391-bis of the Code of Criminal Procedure, in fact, establishes informational obligations that must be respected to ensure transparency and the proper conduct of investigations.
The practical consequences of the ruling
The practical consequences of ruling no. 17225 of 2023 are significant. Firstly, it draws the attention of lawyers and defenders to the importance of adhering to the forms provided by law. An error in the drafting of the authentication report could result in the inadmissibility of collected evidence, with severe repercussions on the trial and the defense of the accused.
- Reinforcement of the necessity for proper management of defensive investigations.
- Implications for the validity of evidence collected irregularly.
- A reminder of the importance of continuous training for lawyers.
Moreover, the ruling fits into a line of jurisprudence that tends to enhance 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
Ruling no. 17225 of 2023 represents an important reference point for all legal practitioners. It highlights how formality in defensive investigations should not be overlooked, and how proper documentation of written statements is fundamental to ensure the legitimacy of evidence. In a complex legal system such as the Italian one, adherence to procedures is not just a matter of form, but a true guarantee of justice for the accused.
