With sentence no. 21241 of the 17 March 2022 (dep. 31 May 2022), la prima Sezione Penale della Corte di Cassazione ha offerto importanti indicazioni circa le regole di valutazione della prova indiziaria, with particular reference to the so-called. “alibi falso” e al mendacio dell'imputato L'art....
The oral evidence in criminal proceedings is taken through the cross-examination of the witness, ie the set of rules by which the parties may ask questions directly and orally to the heads. At the Judge has the direct control about the form, having the Judicial ...
The probative is a procedural institution that allows the anticipation of the phase of the test formation in the course of the preliminary investigations or in the preliminary hearing. It finds its ratio in the need to ensure those sources of evidence that for certain reasons, strictly defined by Article. 392 c.p.p.,...
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 in the case in which it was acquired aliunde proof of the responsibility it may constitute a supplementary element, of closing the evidentiary construct....
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) also applies to ...
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 in the case in which it was acquired aliunde proof of the responsibility it may constitute a supplementary element, closing date.
The oral evidence in criminal proceedings is taken through the cross-examination of the witness, ie the set of rules by which the parties may ask questions directly and orally to the heads. At the Judge has the direct control about the form, having the Judicial ...