A volte ritornano: l’eterno dibattito sulla acquisibilità del “precedente” ex art. 500 c.p.p

In a recent case of July 2014 (n. 31, Jannatov v. Azerbaijan), the European Court of Human Rights has again been interested in question of assessment of the “retraction”, made at the trial hearing, of the incriminating statements made during the investigation. This is a certainly a delicate subject for the italian procedural system, as it affects not only the assessment about the merit of the indictment, but also considerations on “recovery operations”, during the trial, of statements made during the investi- gation. In this direction, a judgment of third section of Supreme Court (dated 28 may 2014) attaches topical relevance to the question of impeachment of witnesses, rule of 500 c.p.p., and, particularly, to the mandatory exceptions to the rule of evidence production in an adversarial system