Commentary on Judgment No. 50324 of 30/11/2023: Validation of Evidential Seizure

Judgment No. 50324 of November 30, 2023, issued by the Court of Cassation, offers an important reflection on the legitimacy of the validation decree for evidential seizure, with particular attention to the "per relationem" reasoning. This legal principle, which falls within the context of preliminary investigations, raises significant questions regarding constitutional rights and the proper exercise of power by the public prosecutor's office.

The Evidential Seizure Validation Decree

The validation decree, pursuant to the New Code of Criminal Procedure, is a fundamental act in criminal proceedings, as it determines the legality of a seizure carried out by judicial police. The Court clarified that "per relationem" reasoning implies that the public prosecutor must conduct a critical assessment of the referenced documents, in a context where the link between the crime and the "res" (object) of the seizure may be indirect.

Evidential seizure validation decree - "Per relationem" reasoning - Legitimacy – Conditions. In the matter of evidential seizure initiated by judicial police, a validation decree reasoned "per relationem" requires that the critical assessment which the public prosecutor is obliged to carry out with reference to the referenced documents be all the more significant the more "indirect" the link between the crime and the "res" is, and the greater the level of investigative progression and the degree of infringement of the constitutional rights involved.

Implications for Constitutional Rights

The Court highlighted that, in the presence of an indirect link between the crime and the object of seizure, the public prosecutor's responsibility intensifies. They must ensure an accurate assessment that considers not only evidentiary relevance but also the infringement of the fundamental rights of the individuals involved. This implies a balance between the public interest in seeking the truth and the safeguarding of personal rights.

Conclusions

Judgment No. 50324 of 30/11/2023 is part of an evolving legal landscape, where the protection of fundamental rights must always be at the core of justice operations. The "per relationem" reasoning therefore represents an essential criterion for ensuring the legitimacy of restrictive measures, safeguarding not only legality but also the dignity of the persons involved in criminal proceedings.