With its Order No. 35146/2021, the Court of Cassation finally dictated the principle of law according to which “the circumstance that a chapter of evidence by witnesses is formulated in the form of a negative question does not constitute, per se, a cause of inadmissibility of the request for preliminary investigation”.
Specifically, the ruling of the Court of Cassation originated from a dispute in which a citizen asked to prove by witnesses that he had suffered a fall due to “numerous non-visible potholes in the road surface”.
At first instance, the Court excluded the admissibility of the evidence for four different reasons, including its negative wording.
At second instance, the Court of Appeal confirmed the inadmissibility of the chapter because it dealt with “negatively formulated evaluative circumstances”.
Questioned on this point, the Court of Cassation immediately recalled…