Appeal by the Civil Party after the Cartabia Reform: Commentary on Order Cass. no. 15797/2025
Order no. 15797, filed on April 23, 2025, by the Third Section of the Court of Cassation offers a valuable clarification on the fate of the civil party's appeal following the Cartabia reform (Legislative Decree 150/2022). The ruling, issued in the proceedings between N. F. and E. S., touches upon a crucial issue: the possibility for the civil party to challenge acquittal judgments in the second instance, limited to civil liability. Let's see why the Supreme Court said "yes" and what the operational consequences are for legal professionals and their clients.
The Post-Reform Regulatory Framework
The reform affected Article 593, paragraph 3, of the Code of Criminal Procedure (c.p.p.), redefining the scope of appeals against acquittal judgments. Concurrently, Article 34, paragraph 1, letter a), of Legislative Decree 150/2022 coordinated this matter with Article 576 of the c.p.p., a special provision that grants the civil party the right to appeal "for civil effects only." In summary:
- Art. 593, para. 3 c.p.p.: limits appeals against acquittals of the defendant.
- Art. 576 c.p.p.: recognizes the civil party's independent right to appeal for damages.
- Art. 568 c.p.p.: governs the time limits and form of appeals, remaining unchanged.
After 2022, many legal practitioners feared that the new Art. 593 might restrict the civil party's rights. The Court of Cassation, with the ruling under review, dispels this concern.
The Principle Established by the Court of Cassation
In matters of appeals, even after the reform introduced by Legislative Decree of October 10, 2022, no. 150, the civil party is entitled to file an appeal, for civil effects only, against acquittal judgments issued by the Court pursuant to Article 593, paragraph 3, of the Code of Criminal Procedure, as amended by Article 34, paragraph 1, letter a), of the aforementioned Legislative Decree, taking into account the special nature of the appeal system as regulated by Article 576 of the Code of Criminal Procedure.
Commentary: The Court clarifies that the "special nature" referred to in Art. 576 prevails over the general provisions of Art. 593. The procedural system therefore remains balanced: if the defendant is acquitted, the civil party is not forced to initiate a new civil lawsuit but can continue within the framework of the criminal proceedings, with evident evidentiary and cost-saving advantages.
Practical Consequences for Defense and the Civil Party
The ruling aligns case law following previous decisions no. 14370/2024 and 36932/2024, confirming a now stable trend. The main effects are:
- Procedural Continuity: the victim, having constituted themselves as a civil party, does not lose the procedural work carried out up to that point.
- Defense Strategy: the defendant's lawyers will need to prepare defenses on the civil front in the appeal stage, even if their client has been acquitted.
- Efficiency: dual proceedings (criminal and civil) are avoided, in line with the principle of reasonable duration under Art. 111 of the Constitution and European directives on the effective protection of victims.
Conclusions
Order 15797/2025 represents an important piece in the coordinated interpretation of the Cartabia reform. The civil party retains their right to appeal for compensation for damages, despite the limitations introduced for the public prosecutor and the defendant. For legal professionals, this means needing to carefully manage the compensation strategy from the first instance, knowing that the proceedings may continue in appeal even after a criminal acquittal. Pending any corrective legislative interventions, the direction indicated by the Court of Cassation appears clear: the protection of the victim remains an indispensable pillar of contemporary criminal proceedings.
