Commentary on Judgment No. 27151 of 2024: Standing of the Civil Party in Execution Proceedings

Judgment No. 27151 of May 31, 2024, filed on July 9, 2024, offers important clarifications on the standing of the injured party to participate in execution proceedings initiated by the public prosecutor in case of non-compliance with compensatory obligations by the convicted person. This issue, of significant importance in the Italian legal landscape, concerns the delicate balance between the rights of the injured party and the procedural dynamics of criminal execution.

The Legal Context of the Judgment

The Court, presided over by G. De Marzo and with M. Zoncu as rapporteur, confirmed the standing of the injured party who constituted themselves as a civil party in the cognitive proceedings to participate in the execution proceedings. This is a fundamental aspect, as the civil party is considered an "interested" party within the meaning of Article 666, paragraph 1, of the Code of Criminal Procedure.

Execution proceedings initiated by the public prosecutor as a consequence of the convicted person's failure to comply with compensatory obligations - Standing of the injured party already constituted as a civil party to participate - Existence - Reasons. The injured party who constituted themselves as a civil party in the cognitive proceedings is entitled to participate in the execution proceedings initiated by the public prosecutor for the revocation of the conditional suspension of the sentence resulting from the failure to comply with compensatory obligations, as they are an "interested" party, within the meaning of Article 666, paragraph 1, of the Code of Criminal Procedure. (In its reasoning, the Court specified that the civil party, being directly involved, is also able to provide information, even "in favor," regarding the fulfillment of the compensatory obligation).

Implications of the Judgment

This decision represents a significant step forward for the protection of the rights of crime victims. The Court emphasized that the civil party, being directly involved, is capable of providing useful information regarding the fulfillment of the compensatory obligation. This implies that their role is not merely passive, but active and constructive in the execution process.

• Recognition of the civil party as an active party.
• Possibility of providing relevant information for the fulfillment of compensatory obligations.
• Strengthening of the victim's position in criminal proceedings.

Conclusions

In conclusion, Judgment No. 27151 of 2024 highlights an important evolution in Italian criminal law, strengthening the role of the civil party and ensuring greater protection for victims of crime. This jurisprudential trend could have significant repercussions not only on the level of criminal justice but also on social awareness regarding victims' rights. It is essential for victims to know their rights and the possibilities of asserting them within the criminal proceedings.