Analysis of Judgment No. 29156 of 2024: Extinction of the Offence and Damages Compensation

Judgment No. 29156 of 2024, issued by the Court of Cassation, addresses a crucial issue in criminal law: the interaction between the extinction of an offence due to the statute of limitations and the civil consequences related to damages compensation. This ruling requires a deeper examination of the judge's responsibilities in applying procedural rules, especially in an appellate context.

Context of the Judgment

In this case, the Court had to decide on an appeal against a conviction, which also included damages compensation in favour of the civil party. The main issue concerned the extinction of the offence due to the statute of limitations that occurred during the proceedings. It is fundamental to note that the Court emphasized the judge's obligation to assess whether an acquittal on the merits could be issued.

Appeal judgment against the conviction of the defendant also for damages compensation in favour of the civil party - Statute of limitations of the offence occurring in the interim - Judge's obligation to assess whether an acquittal on the merits can be issued, with the consequent lapse of civil awards - Existence - Procedural-criminal judgment rule of "beyond a reasonable doubt" - Application - Impossibility of reaching an acquittal on the merits deemed - Obligation to declare the extinction of the offence due to the statute of limitations - Existence - Procedural-civil judgment rule of "more probable than not" - Application. In an appeal judgment against the sentence that convicted the defendant also for damages compensation in favour of the established civil party, the judge, in the face of the extinction of the offence due to the statute of limitations occurring in the interim, is required to assess, based on the procedural-criminal judgment rule of "beyond a reasonable doubt", whether an acquittal on the merits can be issued, with the consequent lapse of civil awards, even in the case of insufficient or contradictory evidence, having to rule, instead, on the civil awards according to the procedural-civil judgment rule of "more probable than not" only in the case where it is deemed that this is not possible and that the declaration of extinction of the offence due to the statute of limitations prevails.

The Judge's Obligation to Assess

The Court clarified that, when assessing the case, the judge is required to apply two different standards of judgment depending on the aspect under consideration. Regarding acquittal on the merits, the judge must follow the rule of "beyond a reasonable doubt". If the judge does not deem it possible to reach such a conclusion, the judge must declare the extinction of the offence due to the statute of limitations.

Conversely, when it comes to civil awards, the judge must operate according to the rule of "more probable than not". This means that if an acquittal cannot be issued, it must still be assessed whether there are sufficient elements to justify damages compensation.

Implications of the Judgment

This judgment has significant practical implications, as it clarifies the judge's role in situations where an offence becomes time-barred. Decisions must be reasoned and follow procedural rules, thus ensuring justice both on the criminal and civil levels. Legal professionals must pay particular attention to these aspects when preparing appeals.

• Obligation to assess acquittal on the merits.
• Application of the "beyond a reasonable doubt" rule.
• Distinction between criminal and civil proceedings.

Conclusions

In conclusion, judgment No. 29156 of 2024 represents a significant step in clarifying the judge's responsibilities in cases of extinction of an offence due to the statute of limitations. This decision not only outlines how procedural rules should be applied but also offers important guidance for managing cases of damages compensation in the criminal context. It is essential for legal operators to carefully consider these indications to ensure effective defence and respect for the rights of the parties involved.