Judgment No. 17827 of 2023: Hearsay Testimony and Admissibility of "De Relato" Statements

Judgment No. 17827 of February 7, 2023, filed on April 28, 2023, offers an important clarification regarding hearsay testimony and the admissibility of "de relato" statements in criminal proceedings. Specifically, the Court of Cassation addressed the case where a reference witness avails themselves of the right to abstain from testifying, as provided for by Article 199 of the Code of Criminal Procedure.

Context of the Judgment

In the specific case, the Court rejected the appeal filed by the Court of Appeal of Palermo on February 15, 2021, establishing that "de relato" statements made by a witness who abstains from answering are freely assessable. This aspect is crucial, as such statements do not fall under the grounds for inadmissibility provided for by Article 195, paragraphs 3 and 7, of the Code of Criminal Procedure, which governs the admissibility of evidence.

The Ruling of the Judgment

Examination of the reference witness - Abstention - Admissibility of "de relato" statements - Existence - Reasons. In matters of hearsay testimony, where the reference witness avails themselves of the right to abstain from testifying granted by Article 199 of the Code of Criminal Procedure, "de relato" statements are freely assessable, as none of the grounds for inadmissibility strictly provided for by Article 195, paragraphs 3 and 7, of the Code of Criminal Procedure are applicable.

This ruling emphasizes the importance of the judge's freedom to assess evidence, even in the presence of testimony that might appear indirect or hearsay. The Court has, in effect, clarified that the witness's abstention does not preclude the possibility of using their statements, provided they are considered within the overall context of the proceedings.

Implications for Jurisprudence

The decision of the Court of Cassation has significant implications for jurisprudence and legal practice. Among the main ones are:

• Recognition of the validity of hearsay testimony, expanding the possibilities for evidence.
• Greater flexibility for judges in interpreting witness statements.
• Clarity regarding the function of "de relato" statements in investigations and trials.

These considerations highlight the importance of careful analysis of evidence and its admissibility, as each case may present unique elements requiring in-depth evaluation.

Conclusions

In conclusion, Judgment No. 17827 of 2023 represents a step forward in understanding hearsay testimony and its applications in criminal law. The importance of this decision lies in the judge's freedom to assess evidence, who can now consider "de relato" statements even when the witness abstains from testifying. This not only enhances the possibility of achieving fair justice but also establishes an important precedent for future legal cases.