Judgment No. 16929 of 2023: The Importance of Documentation in Judicial Police Activity

Judgment No. 16929 of February 1, 2023, filed on April 20, 2023, offers an important reflection on the obligation to document during preliminary investigations, particularly concerning the activities of the judicial police. This issue is crucial as it directly affects citizens' fundamental freedoms and the legitimacy of investigative operations. The Court of Cassation, presided over by C. Z., with R. C. as rapporteur, has clarified significant aspects regarding the drafting of documents and the consequences of any shortcomings.

The Regulatory Context and Implications of the Judgment

The judgment emphasizes how Article 357 of the Code of Criminal Procedure establishes the obligation to draft documents, for both typical and atypical operations conducted by the judicial police. These documents are fundamental not only to ensure the transparency of investigations but also to protect the rights and freedoms of the individuals involved. The Court highlighted that documentation must occur within an adequate timeframe, but it did not provide for the nullity of documents in case of late drafting, provided it occurs without peremptory deadlines.

DOCUMENTATION OF ACTIVITY - Urgent investigations - Obligation to document - Reasons - Late drafting - Consequences - Inadmissibility - Exclusion. The obligation to draft the documents indicated by art. 357 of the Code of Criminal Procedure - which applies to both typical urgent operations and investigations carried out after the public prosecutor has assumed direction of the investigation, and to atypical ones, carried out by judicial police bodies outside of investigation mandates from the judicial authority, as these activities affect fundamental freedoms, such as privacy and the protection of personal data, requiring necessary scrutiny of legitimacy - is not stipulated under penalty of inadmissibility, as documentation activities, in the absence of a peremptory deadline, can also occur subsequently.

Practical Consequences of the Judgment

This decision by the Court of Cassation has significant practical repercussions for preliminary investigations. Specifically:

• Recognition of the validity of subsequently drafted documents, provided there are no peremptory deadlines.
• Reinforcement of the need for adequate documentation to protect citizens' rights.
• Clarity regarding the responsibilities of the judicial police and the public prosecutor in conducting investigations.

The judgment is part of a broader framework for the protection of fundamental rights and freedoms, as provided for by European and Italian legislation. The Constitutional Court, in turn, has already addressed similar issues, emphasizing the importance of ensuring a fair trial and the protection of personal data.

Conclusions

In conclusion, judgment No. 16929 of 2023 represents a step forward in defining the rules governing the activities of the judicial police. It reiterates the importance of documentation as a guarantee for citizens' rights and clarifies the consequences of its potential late drafting. For legal professionals, it is essential to understand and apply these guidelines to ensure the legitimacy of investigations and the protection of personal data in criminal proceedings.