Judgment No. 25593/2023 and the Issue of 'More Uxorio' Cohabitation in Testimony

Judgment No. 25593 of February 14, 2023, filed on June 14, 2023, has raised important legal issues concerning testimony and the concept of 'more uxorio' cohabitation. The Court of Cassation, presided over by Dr. M. Boni and with Dr. T. Liuni as rapporteur, analyzed the case of a witness who requested to abstain from giving statements, claiming an intimate relationship with the defendant. Let's examine the key points of this judgment together.

The Right to Abstain and 'More Uxorio' Cohabitation

According to Article 199, paragraph 3, of the Code of Criminal Procedure, a witness has the right to abstain from giving statements if their testimony could infringe upon their right to privacy or that of a family member. In this specific case, the Court held that the existence of a personal relationship between the witness and the defendant was relevant to assessing the existence of 'more uxorio' cohabitation. The Court emphasized that cohabitation, even if not constant, can be sufficient to establish this legal situation.

• Importance of adequate and logical reasoning in the judge's decision.
• Analysis of the relationship between the witness and the defendant, regardless of financial ties.
• A factual assessment that is not subject to review by the Supreme Court, if adequately reasoned.

The Ruling's Headnote

'More uxorio' cohabitant - Ascertainment of the relevant situation - Factual assessment - Reviewability by the Supreme Court - Limits - Case details. The refusal to grant a witness the right to abstain from giving statements pursuant to art. 199, paragraph 3, of the Code of Criminal Procedure, due to the deemed absence of the prerequisite of 'more uxorio' cohabitation with the defendant, is based on a factual assessment that is not subject to review by the Supreme Court, provided it is adequately and logically reasoned. (Case details where the Court deemed relevant, for the purpose of the right to abstain, the existence of a personal relationship between the witness and the defendant, despite only occasional cohabitation and irrespective of any financial relations between the two).

Conclusions

In summary, judgment No. 25593/2023 highlights the importance of an accurate assessment of personal relationships in the context of testimony. The Court confirmed that the definition of 'more uxorio' cohabitation is not limited to stable cohabitation but can also include more flexible relationships. This approach offers greater protection to the rights of witnesses and underscores the complexity of relational dynamics, which the law must interpret with care. Legal professionals must therefore consider these aspects to adequately manage testimonies and any requests for abstention.