The Assessment of Evidence in the Judgment of 12 July 2024: Reflections on the Judge's Discretion and Power

Judgment no. 19241 of 12 July 2024, issued by the Court of Cassation, represents an important reflection on the powers of the judge in assessing evidence. In particular, the Court ruled that the judge may use a document submitted by a party, even if that party subsequently declares that they no longer wish to rely on it. This principle has significant implications for evidentiary law, which warrant careful analysis.

The Foundations of the Judgment

The Court addressed the issue of the availability of evidence, establishing that:

• The judge has the discretion to use documents acquired during the proceedings, regardless of the party's wish to waive such evidence.
• The evaluation of a document in a way that is unfavourable to the party that produced it does not constitute a defect of exceeding the claim.
• The judge's power to use evidence is guaranteed by the freedom to assess all the evidentiary material.

These principles are in line with Articles 112 and 115 of the Code of Civil Procedure, which establish the judge's duty to decide based on all available evidence. It is interesting to note how the Court reiterates that the use of a document, even if waived by the party, does not invalidate the legitimacy of the decision, as the defect of exceeding the claim concerns only the objective scope of the ruling.

The Meaning of the Ruling

AVAILABILITY OF EVIDENCE Document produced by a party - Evaluation in a way unfavourable to the party - Judge's power - Existence - Defect of exceeding the claim - Exclusion - Party's waiver of the document - Irrelevance. The judge may, for the purposes of the decision, evaluate a document in a way that is unfavourable to the party that produced it, even if the said party has declared that they no longer wish to rely on it. Indeed, the use of such a document not only does not constitute a defect of exceeding the claim, which concerns only the objective scope of the ruling and not the legal and factual reasons taken to support the decision, but also responds to the principle that the judge is free to use all evidentiary material duly acquired in the proceedings and can, therefore, draw elements of proof to the detriment of a party from the evidentiary findings acquired at the initiative of that party, even if the said party declares that they no longer wish to rely on such findings.

This ruling highlights a crucial aspect of procedural law: the judge is not bound by the parties' choices regarding the use of evidence. This freedom of assessment is fundamental to ensuring a fair trial, as it allows the judge to reach a decision based on a complete and impartial analysis of the available evidence.

Conclusions

In conclusion, judgment no. 19241 of 12 July 2024 offers an important insight into the judge's power in managing evidence. It not only clarifies the limits and possibilities of using documents but also reaffirms the principle that the judge must be able to assess every piece of evidence to ensure justice. Lawyers and citizens must pay attention to these indications, as they can significantly influence legal strategies and expectations in the procedural context.