Order no. 19718 of 2024: Inadmissibility of Interrogation via Special Proxy

The judgment of the Court of Cassation no. 19718 of July 17, 2024, has raised important questions regarding the method of conducting formal interrogations in civil proceedings. In particular, the Court reiterated that the interrogation must be personally given by the involved party and cannot be delegated to a special proxy, as established by Article 231 of the Code of Civil Procedure (c.p.c.). This principle is fundamental to ensuring the truthfulness and reliability of statements made during legal proceedings.

Context of the Judgment

The case involved two parties, S. (S. G.) and P. (A. M.), in a legal dispute that necessitated a formal interrogation. The Court of Appeal of Naples had initially granted the request for interrogation via a special proxy, but the decision was appealed, leading to the ruling by the Court of Cassation.

The Importance of Personal Interrogation

The maxim of the judgment is clear:

Response to interrogation given by a special proxy - Inadmissibility. Formal interrogation cannot be given through a special proxy, as the subject to whom it is referred must respond to it personally and orally, pursuant to Article 231 of the c.p.c.

This wording highlights that formal interrogation cannot be delegated to third parties, as the law requires the interrogated subject to respond directly and orally. Article 231 of the c.p.c. emphasizes the importance of direct testimony, which allows the judge to assess not only the content of the statements but also the credibility and sincerity of the witness.

Practical Implications of the Judgment

The decision of the Court of Cassation has several significant implications for lawyers and parties involved in civil proceedings:

• Reinforcement of the need for preparation for the interrogated subject, who must face the interrogation personally.
• Potential repercussions on legal strategies, as it will no longer be possible to delegate the responsibility of responding to a proxy.
• Importance of ensuring that the interrogated subject is aware of the legal consequences of their statements.

This judgment serves as a reminder of the centrality of the individual in civil proceedings, highlighting how crucial it is for each party to take responsibility for their own assertions.

Conclusions

In conclusion, Order no. 19718 of 2024 by the Court of Cassation sheds light on a fundamental aspect of civil procedural law: formal interrogation must be conducted personally by the involved party. This position not only respects the legal provisions of Article 231 of the c.p.c. but also serves to guarantee the integrity and truthfulness of the information provided during legal proceedings. Lawyers and their clients will need to consider this important clarification in their future legal strategies.