16 May investigating powers of the judge

The judge's offensive power to order the taking of new means of proof, exercised in the pursuit of the interest of the search for truth in view of the punishment of criminally sanctioned conduct, finds no limitation in the device power of the procedural parties; it can also be exercised for the taking of evidence from which the parties have lapsed, which they have renounced or have not requested, as long as there is an absolute need. The absolute necessity of the unsolicited test must not be assessed according to the decisions of the parties, rather in the perspective of the search for truth and the safeguarding of the principle of non-dispersion of the demonstrative elements of which the relevance and relevance of the thema probandum is noted, which justifies and directs the integrative powers of the judge (Cass. 556/2019).