Judgment No. 36918 of 2024: Inadmissibility of Unassisted Statements and Requests for Retroactive Registration

Judgment No. 36918 of 2024, issued by the Court of Cassation, addresses a crucial issue in Italian criminal law: the inadmissibility of statements made by individuals not assisted by counsel and whose registration in the crime news register was belated. This principle is fundamental to ensuring respect for defense rights and the legality of evidence used in criminal proceedings.

Context of the Judgment

In the case examined, the appellant contested the rejection of the exception of inadmissibility of statements made by an individual whose registration in the register occurred late. The Court clarified that, to raise the exception of inadmissibility of such statements, a request for retroactive registration must be submitted, as established by Article 335-quater of the Code of Criminal Procedure.

The Principle of Inadmissibility

PROHIBITIONS ON USE (INADMISSIBILITY) - Unassisted statements made by an individual belatedly registered in the crime news register - Inadmissibility - Method of deduction - Request for retroactive registration under Art. 335-quater of the Code of Criminal Procedure - Necessity - Case facts. Anyone intending to raise the exception of inadmissibility of statements made, in violation of Articles 61 and 63 of the Code of Criminal Procedure, by an individual whose name was belatedly registered by the public prosecutor in the crime news register, must necessarily submit a request for retroactive registration, in the forms and within the deadlines prescribed by Art. 335-quater of the Code of Criminal Procedure (Case facts concerning an appellant who complained about the rejection, by the review court, of the exception of inadmissibility of unassisted statements made by an individual allegedly belatedly registered in the crime news register, in which the Court declared the ground of appeal inadmissible, as the appellant had not duly and timely requested – from the judge for preliminary investigations or from the review court itself – the retroactive registration).

This principle is based on the need to ensure a fair trial, where statements used as evidence are collected in compliance with procedural rules. The judgment emphasizes how belated registration in the crime news register can compromise the validity of statements made, especially if the individual did not have the opportunity to be assisted by legal counsel at the time of their collection.

Practical Implications and Conclusions

The decision of the Court of Cassation has significant implications for lawyers and those involved in criminal law. It is crucial that, in the presence of potentially inadmissible statements, the procedure for requesting retroactive registration is scrupulously followed, respecting the deadlines and methods provided by law.

• Always respect the statutory deadlines for requesting retroactive registration.
• Ensure that all statements are made with the assistance of legal counsel, especially during preliminary investigations.
• Be aware of the defense rights of one's client, preventing invalid statements from compromising the trial.

In conclusion, Judgment No. 36918 of 2024 represents an important guide for the management of evidence in criminal proceedings, highlighting the importance of adhering to procedures to ensure a fair trial and the protection of defendants' rights.