One issue seen in some posts here, primarily those with a pro-guilt view of Knofx and Sollecito, confuse judicial facts - inferences derived from possibly unreliable or disputed evidence, with empirical facts - that is, inferences derived reliably from repeated controlled observation or experimentation.
To increase the probability that judicial facts have a proper level of reliability to meet the Italian and international standards for determining guilt in a criminal case, the Italian Code of Criminal Procedure (Codice di Procedura Penale, CPP) has laws that regulate the admissibility or use of evidence in a trial and further regulates how valid judicial facts - inferences - may be derived from evidence. These CPP laws on evidence have been discussed in posts on this thread and its continuations many times, and we can be confident that the Italian courts were reminded of them by the defense lawyers. The questions are: 1. Did the Italian courts in reconvicting Knox of calunnia follow these Italian laws? and 2. Did the Italian courts follow international laws (ECHR case law), and specifically the ECHR judgment Knox v. Italy?
Here are some of the most relevant CPP Articles (Google translation):
Source: https://www.altalex.com/documents/news/2013/11/13/prove-disposizioni-generali
To increase the probability that judicial facts have a proper level of reliability to meet the Italian and international standards for determining guilt in a criminal case, the Italian Code of Criminal Procedure (Codice di Procedura Penale, CPP) has laws that regulate the admissibility or use of evidence in a trial and further regulates how valid judicial facts - inferences - may be derived from evidence. These CPP laws on evidence have been discussed in posts on this thread and its continuations many times, and we can be confident that the Italian courts were reminded of them by the defense lawyers. The questions are: 1. Did the Italian courts in reconvicting Knox of calunnia follow these Italian laws? and 2. Did the Italian courts follow international laws (ECHR case law), and specifically the ECHR judgment Knox v. Italy?
Here are some of the most relevant CPP Articles (Google translation):
Art. 188.
Moral Freedom of the Person in Taking Evidence.
1. Methods or techniques that could influence the freedom of self-determination or alter the ability to remember and evaluate facts may not be used, even with the consent of the person concerned.
Art. 189.
Evidence not regulated by law.
1. When evidence not regulated by law is requested, the judge may accept it if it is deemed appropriate to ensure the ascertainment of the facts and does not prejudice the person's moral freedom. The judge shall grant the evidence after consulting the parties regarding the procedures for obtaining the evidence.
Art. 190.
Right to Evidence.
1. Evidence is admitted at the request of a party. The judge shall issue an order promptly, excluding evidence prohibited by law and evidence that is manifestly superfluous or irrelevant.
2. The law establishes the cases in which evidence is admitted ex officio.
3. Orders regarding the admission of evidence may be revoked after hearing the parties in cross-examination.
Art. 191.
Illegally Obtained Evidence.
1. Evidence obtained in violation of the prohibitions established by law may not be used.
2. The inadmissibility may be raised ex officio at any stage and level of the proceedings.
2-bis. Statements or information obtained through the crime of torture may not be used, except against persons accused of such crime and for the sole purpose of proving their criminal liability.
Art. 192.
Evaluation of Evidence.
1. The judge evaluates the evidence, taking into account in the reasoning the findings obtained and the criteria adopted.
2. The existence of a fact cannot be inferred from evidence unless it is serious, precise, and consistent.
3. Statements made by a co-defendant of the same crime or by a person accused in related proceedings pursuant to Article 12 are evaluated together with other evidence confirming their reliability.
4. The provision of paragraph 3 also applies to statements made by a person accused of a crime related to the one being prosecuted, in the case provided for in Article 371, paragraph 2, letter b).
Cassazione penale, sez. VI, sentenza 01/10/2007 n° 35823 (CSC Criminal Case #35823 judgment 1 October 2007, Maxim pertaining to Article 192, paragraph 2):
The evidence, however serious, if not consistent with each other and not supported by the univocal statements made by the witnesses, cannot serve as proof of the guilt of the accused, who must be fully acquitted.
Source: https://www.altalex.com/documents/news/2013/11/13/prove-disposizioni-generali
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