Ruling 6024/2027 Court of Cassation
The production of documents in criminal proceedings can take very different forms and, with the evolution of digital communications, even apparently informal materials can acquire evidential relevance.
An important clarification comes from the ruling in question, which addresses the issue of the validity of screenshots of messages and electronic conversations as documents that can be used in court.
The decision arises as part of a proceeding for persecutory acts, in which the offended person had given the investigators screenshots of WhatsApp conversations with the accused.
The defense had contested the usability of these materials, arguing that to acquire them a measure of seizure of correspondence was necessary.
The Court of Cassation rejected this approach, clarifying that digital messages or conversations can be acquired as documents when they are spontaneously produced by one of the subjects who participated in the communicative exchange.
In such cases there is no violation of the secrecy of correspondence provided for by the art. 15 of the Constitution, nor is the seizure provided for by art. 254 of the criminal procedure code.
Screenshots, in fact, fall into the category of documentary evidence governed by art. 234 cpp
The ruling therefore clarifies an important point: in criminal proceedings, not only traditional documents, such as letters, contracts or certifications, but also digital contents such as SMS, emails, chats or messages from messaging applications can be used as documents.
This is especially true when the production comes from one of the communication participants.
Of course, their presence in the file does not automatically equate to full proof.
The Court of Cassation underlines that it is up to the judge of merit to verify the credibility of the person producing them and the reliability of the content, evaluating any disputes regarding the origin or integrity of the messages.
Only in the presence of specific doubts may a technical verification or IT expertise be necessary.
The sentence therefore confirms a now consolidated orientation: in criminal proceedings the concept of document is broad and includes any representation of facts, people or communications suitable for contributing to the reconstruction of events.
In an increasingly digital context, even a simple screenshot can become a relevant piece of evidence, as long as its authenticity and reliability are adequately assessed by the judge.