testimonial evidence and the confessional privilege of priests
Abstract
In this article, we go deep into the subject of testimonial evidence in Italian criminal trial and we go deeper into the protection of confessional secret in the Italian legal system. We discuss costitutional aspects and foundations of such an important matter in law.
Legal regulation of professional secrecy and, in particular, legal regulation of ministerial secrecy, is fundamental to the development of the personality of the individual and its justification is based upon the requirement of justice and the protection of fundamental ratios in order to guarantee the enjoyment of constitutional goods and values.
Ministerial secret is inviolable. The transgression of the ministerial secrecy is a great betrayal of liberty and independence of ministerial confidence based on trust between both the confessor and the penitent.
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