Commentary on Judgment No. 27382 of 2023: Obstruction of Justice and Pressure on Declarants

Judgment No. 27382, issued by the Court of Cassation on February 8, 2023, placed a strong emphasis on the seriousness of obstruction of justice, highlighting how pressure exerted on witnesses can constitute the crime provided for by Article 377 of the Criminal Code. This ruling not only clarifies the responsibilities of those who undermine the integrity of the proceedings but also underscores the importance of protecting individuals who provide statements during preliminary investigations.

Regulatory Context

Article 377 of the Italian Criminal Code stipulates that anyone who exerts pressure or threats on a person who has made accusatory statements is punishable for obstruction of justice. The Court specified that the unlawful conduct does not necessarily require the victim to have already participated in a trial; it is sufficient that they have filed a complaint and thus fall into the category of "procedural declarants." This aspect is fundamental to ensuring the safety of witnesses and the truthfulness of judicial proceedings.

Obstruction of justice - Pressure on the victim who has made statements during the investigation phase - Existence of the crime - Case law. The conduct of anyone who exerts pressure or threats on a person who has made accusatory statements during the preliminary investigation phase to induce them to retract their statements during that phase or in anticipation of the subsequent trial constitutes the crime of obstruction of justice under Article 377 of the Criminal Code. (Case in which the Court deemed sufficient to constitute the crime the circumstance that the victim had filed a complaint and was therefore classifiable as a "procedural declarant," even though they had only provided information during the preliminary investigation phase).

Practical Implications of the Judgment

The decision of the Court of Cassation has significant implications for the judicial system. It prompts reflection on how threats and pressure can compromise procedural truth and trust in the legal system. Competent authorities must therefore adopt appropriate measures to protect witnesses and ensure that they can freely express their statements without fear of retaliation.

• Clarity on the definition of "procedural declarants."
• Greater protection for witnesses during preliminary investigations.
• Strengthening of sanctions for those who exert pressure on witnesses.

Conclusions

Judgment No. 27382 of 2023 represents a step forward in protecting the integrity of criminal proceedings. Pressure on witnesses not only compromises the truth but also jeopardizes the entire judicial system. It is essential that the legislature and law enforcement authorities commit to ensuring that the rights of declarants are protected, so that justice can be served fairly and transparently.