Judgment no. 48103 of 2023: The Defendant's Personal Identity and the Unique Identification Code

The recent judgment no. 48103 of September 26, 2023, issued by the Court of Isernia, offers significant food for thought regarding the ascertainment of defendants' personal identity in the criminal context. In particular, the decision clarifies the importance of the Unique Identification Code (CUI) as a fundamental tool for ensuring the certainty of the defendant's physical identity, even in cases where they provide false particulars.

The Legal Context of the Judgment

The central issue of the judgment is the ascertainment of personal identity in relation to the defendant, who, in the specific case, had provided false particulars. The Court holds that, despite the defendant having provided incorrect information about their identity, the CUI assigned to them allows for unequivocal identification. This aspect is crucial for the protection of the defendant's rights and for the proper conduct of criminal proceedings.

The Ruling's Headnote

Defendant who has provided false particulars - Assignment of the Unique Identification Code - Certainty of physical identity - Reasons. In the context of ascertaining personal identity, a defendant who has provided false particulars must be considered fully identified through the procedure resulting in the assignment of the Unique Identification Code (CUI), which distinguishes them unequivocally from all other individuals.

This headnote emphasizes that the Unique Identification Code (CUI) is not just a number, but an essential element for ensuring that each individual is recognized uniquely and distinctly within the legal system. The judgment, therefore, highlights how the assignment of the CUI represents a form of protection for due process and for the integrity of the legal system.

Legislative and Jurisprudential References

• New Code of Criminal Procedure, art. 66: Provisions relating to the identification of the defendant.
• New Code of Criminal Procedure, art. 68: General provisions on personal identity.
• New Code of Criminal Procedure, art. 349: Relating to proof of identity in criminal proceedings.
• Presidential Decree 07/04/2016 no. 87, art. 2: Regarding the implementation of the CUI.

These legislative articles, along with past case law, such as judgments no. 11082 of 2017 and no. 32082 of 2014, show a consolidated trend aimed at ensuring the certainty of personal identity in criminal proceedings, thereby strengthening trust in justice.

Conclusions

Judgment no. 48103 of 2023 represents a significant step forward in the regulation of personal identity in criminal law. The adoption of the Unique Identification Code thus emerges as an indispensable tool for ensuring respect for defendants' rights and the effectiveness of criminal proceedings. The certainty of physical identity is not merely a technical aspect but a fundamental principle for justice, which must always be protected and respected.