Cassation court annuls acquittal for ignoring medical evidence and photos proving victim's injuries.
Sintesi Legislator
Generato dall'IAThe Court of Cassation annulled the lower court's acquittal of Caterina Gabrieli, which was based on the lack of external corroboration for the victim's statements. The defense argued the victim's credibility was insufficient without external proof, while the prosecution contended the medical report and photographs were ignored despite proving the injuries occurred. The court ruled that the lower judge erred by disregarding the medical certificate and photos, which directly corroborated the victim's account of the assault.
Regesto Legislator
Generato dall'IAArt. 582 cod. pen.; Art. 23 comma 8 d.l. n. 137/2020: When a victim constitutes a civil party, the court must rigorously verify their statement, but the absence of external corroboration does not automatically invalidate it if the medical report and photographic evidence of injuries are ignored by the judge.