Right of Appeal for the Civil Party: Judgment No. 9457/2025 and Full Compensation for Damages
The protection of crime victims and their right to full compensation are cornerstone principles of our legal system. However, the path to achieving full justice can become complicated when the defendant's liabilities intersect with those of insurance companies. Judgment No. 9457, filed on March 7, 2025, by the Court of Cassation, intervenes with clarity, reaffirming an essential principle for the civil party: the right to obtain full compensation for damages, even if partial compensation has already been received.
The Interest of the Civil Party and Full Compensation
The civil party (Art. 74 of the Code of Criminal Procedure) can assert their compensation claims in criminal proceedings, aiming for full compensation. Often, however, insurance companies, jointly and severally liable with the defendant, offer partial compensation. This ruling by the Supreme Court is crucial, clarifying the injured party's options for full redress, and reiterating the right of the injured party not to settle for insufficient compensation.
The civil party, who has not been fully satisfied in their compensation claims by the insurance company jointly and severally liable with the defendant, has an interest in appealing in order to obtain, through judicial means, their full redress from the principal debtor, as the appeal is capable of generating a concrete situation more advantageous for the appellant than the existing one.
This maxim from Judgment No. 9457/2025 is fundamental. It establishes that, despite having received partial compensation from the insurance company, the civil party retains a full interest in appealing to obtain full compensation from the principal debtor. The Court reiterates that the interest to act (Art. 100 of the Code of Civil Procedure) persists until the damage has been fully compensated. Only full redress constitutes a concretely more advantageous situation for the injured party, strengthening the victim's protection against insufficient payments.
The Cassation Court's Ruling: A Solid Precedent
The Court of Cassation, presided over by Dr. E. D. S. and with Dr. D. C. as Rapporteur, has annulled without referral the decision of the Court of Appeal of Catania in the case involving A. R. and P. G. The Supreme Court has reaffirmed a consolidated orientation (Judgment No. 42/1995 of the United Sections). The decision is based on the application of the articles of the Code of Criminal Procedure relating to appeals by the civil party (Art. 576 of the Code of Criminal Procedure). The right to full compensation cannot be diminished by partial compensation: joint and several liability ensures that the injured party can act against any debtor for the full amount, but it does not deprive them of the right to obtain full redress.
Key Aspects for the Injured Parties
- Partial compensation does not preclude the right to full redress.
- The civil party can appeal to obtain the difference from the direct responsible party.
- An expert assessment of the damage and qualified legal assistance are crucial.
Conclusions: Affirmation of the Right to Full Compensation
Judgment No. 9457/2025 of the Court of Cassation represents a significant affirmation of victims' rights and the principle of full compensation for damages. It consolidates the position of the civil party in criminal proceedings, ensuring that partial compensation cannot limit the pursuit of full justice. This decision underscores the judicial system's commitment to protecting the injured. For those who have suffered a wrong, it is a clear message: the right to full redress is protected and must be pursued with determination, with the help of adequate legal assistance.
