20 Nov failed alibi and built alibi

On the issue of test, the alibi failed to be considered as an element completely agnostic in terms of evidence and, therefore, which has not been even a hint; only if it has been acquired source proof of liability it can be an additional element, closing the evidentiary construct. The built alibi is, instead, indicative of a malicious defensive pre-ordination and has its own indicative value that, unlike the failed one, places it among the elements, according to experience, evidently relevant; however, it must be taken into consideration by first considering it in its intrinsic structure in relation to the concrete procedural situation and then evaluating it in correlation with the other circumstantial elements acquired (Cass. 4/2020).