09 Oct unavailability of the witness in trial

With regard to the acquisition of the statements made during preliminary investigations in the hearing file, art. 500, co. 4, c.p.p. (according to which the statements contained in the file of the public prosecutor previously made by the witness are acquired in the file of the trial) it also applies to the case where the witness, made unavailable in the trial because subjected to violence and threat in order not to testify or put down the forgery, however, he made himself available in a different and separate proceeding, as to be decisive is the fact that in the process in question, and not in other separate judgments, the witness was subjected to violence or intimidation. Particularly, the Court thus made a framework of the procedural rule in the light not only of the constitutional provision referred to in art. 111, co. 5, Cost., but also in the same way as the principles dictated in the matter of fair trial by art. 6 CEDU (Cass. 7596/20).