Analysis of Judgment No. 48080 of 2023: Implications on the Suspect's Silence and Compensation for Unjust Detention

Judgment No. 48080 of November 14, 2023, by the Court of Cassation represents a significant advancement in Italian jurisprudence concerning compensation for unjust detention. This decision is based on the recent amendment to Article 314 of the Code of Criminal Procedure, enacted by Legislative Decree No. 188 of 2021, and offers a clear interpretation regarding the suspect's silence during interrogation.

The Regulatory Context and the Judgment

The Court has established that the silence maintained by the suspect during interrogation must not be considered an element of slight fault, but rather a manifestation of the right to defense. This aspect is crucial, as the recognition of compensation for unjust detention cannot be hindered by a legitimate defensive choice.

Art. 314 Code of Criminal Procedure as amended by Art. 4, paragraph 1, letter b), Legislative Decree No. 188 of 2021 - Silence - Determination of compensation - Relevance - Exclusion - Reasons. Regarding compensation for unjust detention, following the amendment of Art. 314, paragraph 1, Code of Criminal Procedure by Art. 4, paragraph 1, letter b), Legislative Decree of November 8, 2021, No. 188, the silence observed by the suspect during interrogation, in the exercise of the defensive faculty provided for by Art. 64, paragraph 3, letter b) Code of Criminal Procedure, not constituting an instance of slight fault, does not obstruct the recognition of compensation nor is it relevant for its determination.

Implications of the Judgment

This judgment establishes a fundamental principle: the right to defense cannot be penalized. In particular, the Court has emphasized that:

• The suspect's silence must not be interpreted as an admission of guilt.
• The 2021 regulatory amendment clarified that the absence of statements should not affect the right to compensation.
• The recognition of compensation must be based on objective criteria and not on legitimate defensive choices.

These points highlight how jurisprudence is evolving to ensure greater protection of suspects' rights, especially in situations of unjust detention.

Conclusions

Judgment No. 48080 of 2023 represents an important affirmation of suspects' rights within our legal system. The Court, through a careful reading of current regulations, has highlighted how silence can be an exercise of the right to defense, rather than a reason to deny compensation. This decision not only provides regulatory clarity but also fits into a broader context of protecting human rights and justice, contributing to the construction of a more equitable and just legal system for all.