Analysis of Judgment No. 14952 of 2024: Relevance of the Declarant's 'Status'

Judgment No. 14952 of February 13, 2024, published on April 11, 2024, represents an important reflection on the use of testimony in criminal proceedings, with particular attention to the declarant's position. The Court, presided over by G. S., established that the judge must take into account the declarant's subjective 'status', whether they are a witness or a defendant in a connected offense, when assessing the admissibility of their statements.

Legal Context

The central issue concerns the judge's ability to evaluate the quality of testimonies. According to the Court, it is fundamental to consider any grounds for justification that may influence the declarant's credibility. In this regard, the judgment refers to the New Code of Criminal Procedure, particularly Articles 197 and 210, which deal with testimonial evidence and the rights of the investigated person.

"Subjective 'status' of the declarant - Role of witness or defendant in a connected offense - Judge's assessment - Justification - Relevance - Conditions. For the purpose of verifying the declarant's status as a witness or as a person investigated for a connected offense and the consequent assessment of the admissibility of their statements, the judge must take into account any grounds for justification, where these are of evident and immediate application, without the need for particular investigations or verifications."

Implications of the Judgment

The decision of the Court of Cassation highlights a pragmatic approach to the evaluation of testimonies. The possibility of excluding the need for in-depth investigations to ascertain the relevance of grounds for justification represents an important step towards greater efficiency in the judicial system. Below are some key considerations:

• The judge has the power to exclude testimonies deemed invalid based on evident grounds for justification.
• The declarant's position, whether witness or defendant, must be carefully evaluated to ensure a fair trial.
• The speed of evaluating grounds for justification can lead to greater effectiveness in hearings and legal proceedings.

Conclusions

In conclusion, judgment No. 14952 of 2024 offers significant food for thought on the role of testimony in criminal proceedings. The consideration of the declarant's subjective 'status' and the possibility of excluding the need for in-depth investigations represent an innovative and pragmatic approach that can contribute to greater efficiency in the judicial system. It is essential for legal professionals to take these principles into account in their daily practice to ensure fairer and faster justice.