Information about morality and behaviour of victims.

Abstract

According to the Italian Law of Procedure (1988) documents which inform about the morality of the guilty, the witness and the victim are not admitted; those about the victim are admitted only when the criminal event needs to be evaluated in relation to his/her behaviour and moral qualities. In our opinion, in this case, generic moral qualities do not have any real significance; only information about the victim's objective behaviour should be admitted: for instance, in the case of the crime of "corruption of a minor", a type of objective behaviour can be habitual prostitution. Moreover, the norm at issue contrasts with the general principle in the Italian law that the rights concerning the personality of an individual, particularly of a minor, are to be protected, and with the fundamental norm in the law of Procedure according to which criminological examinations are not allowed during the trial. It is useful, however, to acquire elements in order to evaluate the credibility of the witness.