The Civil Party's Interest in Appeal: Analysis of Cassation Ruling 10455/2025

The protection of crime victims is a fundamental pillar of our legal system. When a citizen suffers damage as a result of a criminal offense, they have the right to join the proceedings as a civil party, seeking justice and compensation. A crucial issue arises if the defendant is acquitted with the formula "because the act does not constitute a crime." The Court of Cassation, with Ruling No. 10455 of 14/01/2025 (filed on 17/03/2025), has provided essential clarification, reaffirming the civil party's right to appeal.

The Civil Party and the Challenges of Acquittals "Because the Act Does Not Constitute a Crime"

The civil party, pursuant to Article 74 of the Code of Criminal Procedure (c.p.p.), is the subject damaged by the crime who exercises the civil action to obtain compensation. Joining the criminal proceedings as a civil party is strategic, allowing them to benefit from the factual findings conducted in that forum. However, an acquittal with the formula "because the act does not constitute a crime" has always represented a question mark for the effective right to appeal.

This formula implies that the conduct, although materially occurred and attributable to the defendant, does not integrate the typical elements of a crime. Article 652 c.p.p. governs the limitations on the effect of a criminal judgment in civil proceedings, creating uncertainties about the possibility for the civil party to challenge such judgments.

The Cassation's Ruling: An Inviolable Right

The Supreme Court has definitively resolved all doubts, strongly reaffirming the civil party's right to appeal. Here is the full ruling:

The procedural interest of the civil party to appeal the acquittal with the formula "because the act does not constitute a crime" exists, as the limitations on the effect of the judgment, provided for by art. 652 of the Code of Criminal Procedure, do not affect the scope of the right to appeal, recognized, in general terms, to the civil party by art. 576 of the Code of Criminal Procedure. Otherwise, it would compel the civil party to renounce the outcomes of the findings made in criminal proceedings and to restart such findings "ab initio" in civil proceedings, with a consequent lengthening of procedural times.

The decision, issued by the 4th Section of the Cassation with President C. F. M. and Rapporteur R. A., quashes with referral a previous ruling by the Court of Appeal of Lecce. The Court clarified that the limitations of Article 652 c.p.p. cannot curtail the general right of appeal of the civil party, enshrined in Article 576 c.p.p. Denying this right would mean forcing the victim to undertake a new and burdensome civil lawsuit for compensation, nullifying the findings already made in criminal proceedings and unduly prolonging the times of justice. This interpretation is in line with the most recent and consistent case law.

The Fundamental Reasons for This Decision

Ruling No. 10455/2025 is based on essential principles for the efficiency and fairness of our judicial system:

• Procedural Economy: Avoids duplication of findings, reducing time and costs.
• Protection of the Right to Compensation: Ensures that the damaged party's right (arts. 2043 and 2054 of the Civil Code) can be effectively pursued.
• Valorization of Criminal Findings: Allows for the exploitation of the criminal investigation, which is often more thorough.
• Substantive Justice: Ensures the victim has a concrete way to obtain justice without unjustified procedural obstacles.

Conclusions: A Crucial Step for Justice

The ruling of the Court of Cassation, Ruling No. 10455/2025, is a clarification of great importance. By reaffirming the full interest in appealing acquittals with the formula "because the act does not constitute a crime," the Supreme Court not only strengthens the position of the damaged party in criminal proceedings but also promotes a more efficient judicial system oriented towards substantive justice. For victims of crime, this means having greater certainty and more robust tools for defending their rights and obtaining fair compensation. Relying on an experienced lawyer is crucial to navigate these complexities.