Judgment No. 16403 of 2023: Plea Bargaining and Civil Party Constitution

The recent judgment of the Court of Cassation No. 16403 of November 30, 2023, represents an important clarification regarding plea bargaining and the constitution of a civil party. In particular, the Court has established that the injured party can legitimately constitute themselves as a civil party even when the defendant has submitted a request for sentence application before the preliminary hearing. This decision has generated considerable interest among legal professionals, as it highlights the rights of victims within criminal proceedings.

The Regulatory and Jurisprudential Context

Within the context of Italian criminal law, plea bargaining is an institution that allows the defendant to agree on a sentence with the public prosecutor, thus avoiding a lengthy and complex trial. However, until this judgment, there were doubts about the actual possibility for the injured party to constitute themselves as a civil party at this stage. The judgment in question, referencing Article 76 of the Code of Criminal Procedure, clarifies that, even in the presence of a plea bargain request, the victim has the right to be heard and to assert their rights.

The Ruling's Headnote

Agreement for sentence application formalized before the preliminary hearing - Constitution of civil party - Admissibility - Award of costs for constitution - Lawfulness. In matters of plea bargaining, the injured party is entitled to constitute themselves as a civil party at the preliminary hearing even where the defendant has previously filed a request for sentence application with the court clerk, endorsed by the public prosecutor's consent, so that the judge must also rule on the regulation of the costs of constitution.

This headnote highlights how the right to constitute oneself as a civil party is not contingent upon the judge's decision regarding the plea bargain. In fact, the judge is obliged to consider the civil party's request and to regulate legal costs, thereby ensuring full protection of the injured party's rights.

Practical Implications for Victims

The consequences of this judgment are significant for victims of crime. They can now:

• Constitute themselves as a civil party at any stage of the proceedings, even in the presence of a plea bargain agreement.
• Request the judge to award the legal costs incurred for the constitution as a civil party.
• Be guaranteed their position within the criminal proceedings, thereby increasing their power of participation.

This judgment, therefore, not only protects the rights of victims but also promotes greater justice and accountability within the Italian criminal justice system.

Conclusions

In conclusion, judgment No. 16403 of 2023 represents a step forward in the protection of victims' rights, clearly affirming the lawfulness of their constitution as civil parties even in cases of plea bargaining. This jurisprudential development not only clarifies existing legislation but also invites broader reflection on the position of victims in criminal proceedings and the importance of ensuring them adequate access to justice.