Production of minutes in defensive investigations: commentary on judgment no. 46795 of 2024

Judgment no. 46795 of 2024, issued by the Court of Cassation, offers important clarifications regarding the production of minutes of statements taken during defensive investigations. In particular, the Court has established that such minutes are not subject to the five-day deadline provided for by art. 666, paragraph 3, of the code of criminal procedure, which applies exclusively to the filing of briefs. This decision has significant implications for the right to defense and for surveillance procedures.

The context of the judgment

The central issue of the judgment concerns the application of the five-day deadline, which was introduced to ensure adequate adversarial proceedings between the parties before the hearing. However, the legislator has provided that this deadline does not apply to the minutes of defensive investigations, recognizing the importance of ensuring a full and articulated defense for the defendant.

Production of minutes of statements taken during defensive investigations - Five-day deadline provided for by art. 666, paragraph 3, of the code of criminal procedure - Applicability - Exclusion. In terms of surveillance proceedings, the production of minutes relating to statements taken during defensive investigations is not subject to the five-day deadline prior to the hearing referred to in art. 666, paragraph 3, of the code of criminal procedure, which exclusively concerns the filing of briefs.

Implications for the right to defense

With this judgment, the Court of Cassation wished to reaffirm the importance of the right to defense, a fundamental principle enshrined in the Italian Constitution and the European Convention on Human Rights. The decision to exclude the minutes of defensive investigations from the filing deadline promotes greater transparency and access to information by the defense, allowing lawyers to prepare adequately for the hearing.

• Recognition of the centrality of the right to defense.
• Clarification of procedural rules regarding surveillance.
• Greater protection for the defendant during the investigation phase.

Conclusions

Judgment no. 46795 of 2024 represents a significant step in strengthening the right to defense in the context of surveillance proceedings. Excluding the minutes of defensive investigations from the five-day deadline provided for by art. 666, paragraph 3, of the code of criminal procedure is a choice aimed at ensuring a fair trial that respects the fundamental rights of the defendant. Lawyers should take these indications into account to better protect the interests of their clients.