Judgment No. 15652 of 2022: Retraction and Unreliability of Statements in Criminal Law

The recent judgment No. 15652 of December 21, 2022, offers an important reflection on the evaluation of testimonial evidence in the criminal context. In particular, it focuses on the issue of witnesses retracting their statements and the influence this has during the trial. The Court of Cassation has established that statements made during preliminary investigations can be used to challenge the veracity of a retraction made in court, a fundamental aspect for ensuring the reliability of evidence.

The Regulatory Framework

The judgment under review is part of the broader regulatory framework of the Code of Criminal Procedure, specifically Articles 500 and 501. These articles govern the trial proceedings and the evaluation of evidence, establishing that statements made during the investigation phase can be used to challenge any changes in version by witnesses. This principle is of fundamental importance for the protection of procedural truth and to prevent retractions from calling into question already acquired evidence.

The Ruling's Maxim

Statements made during preliminary investigations - Retraction - Unreliability of the latter - Admissibility. In terms of evaluating testimonial evidence, account must be taken of the statements made by the witness during preliminary investigations, legitimately used for challenges, where they allow for ascertaining the unreliability of the retraction made by the same witness during the trial.

This maxim highlights how initial statements can serve as evidence to assess the reliability of testimony during the trial. Essentially, if a witness retracts what they previously stated, it is crucial to consider their prior statements to understand whether the new version is reliable or not. This approach not only safeguards procedural truth but also offers protection to the defense rights of the accused, preventing inconsistent statements from negatively influencing the course of the proceedings.

Conclusions

Judgment No. 15652 of 2022 represents an important step forward in Italian jurisprudence regarding testimonial evidence. It underscores the need for careful evaluation of statements made by witnesses and their significance within the criminal proceedings. In a legal system that aims to ensure justice, it is fundamental that retractions are scrutinizable through comparison with prior statements, thereby promoting greater transparency and reliability in the process.