Civil Party's Legal Costs in Summary Proceedings: The Supreme Court Clarifies Conditions with Ruling No. 10022/2025

The protection of the civil party's rights is a cornerstone of the Italian judicial system. The Supreme Court of Cassation, with ruling No. 10022 of 2025 (filed 13/03/2025), presided over by Judge D. S. E. and reported by Judge P. V., has provided essential clarification on the award of legal costs to the civil party in appeals heard under summary proceedings without oral argument. This ruling is crucial for understanding how the injured party can see their interests recognised.

Summary Proceedings Without Oral Argument: A Specific Context

Appeals before the Supreme Court can be conducted under summary proceedings without oral argument (Article 611, paragraph 1, of the Code of Criminal Procedure), a procedure that excludes oral discussion, with parties presenting their arguments solely through written submissions. Uncertainty persisted regarding the possibility for the civil party to obtain reimbursement of legal costs in such a context, especially without a request for oral hearing. The Supreme Court, with the ruling in question, has dispelled all doubts, recognising the value of written defence activities.

In appeals heard under the summary proceedings without oral argument as per Article 611, paragraph 1, of the Code of Criminal Procedure, the civil party, even in the absence of a request for oral hearing, is entitled to obtain the award of legal costs, provided that they have engaged in defence activities through written submissions aimed at countering the opposing claim to protect their compensatory interests, thereby providing a useful contribution to the decision.

This maxim is of fundamental importance. It clarifies that the civil party is entitled to reimbursement of legal costs even in summary proceedings without oral argument, provided they have carried out concrete and significant defence activities through written submissions. It is not physical presence or a request for a hearing that determines the right, but the actual "useful contribution" provided. This contribution must aim to counter the opposing party's claim – the appeal by the defendant A. B. – and to protect the injured party's compensatory interests. This principle is consistent with Article 541 of the Code of Criminal Procedure (award of costs) and Article 614 of the Code of Criminal Procedure (extension to Supreme Court proceedings). The Court recognises the intrinsic value of written defence activities, where they are decisive for the final ruling.

Key Conditions for Cost Reimbursement

Ruling 10022/2025 outlines the requirements for the award of costs in favour of the civil party:

• The proceedings must be conducted under summary proceedings without oral argument (Article 611, paragraph 1, of the Code of Criminal Procedure).
• The civil party must have carried out concrete defence activities through written submissions.
• The activity must aim to counter the opposing claim and protect compensatory interests.
• The submissions must have provided a "useful contribution" to the Court's decision.

It is crucial for the civil party to demonstrate the effectiveness and relevance of their written work.

Conclusions and Practical Impact

Ruling No. 10022 of 2025 consolidates the rights of the civil party, reiterating that the protection of compensatory interests is not limited by procedural formalities but is based on the substance of the defence activities. For lawyers, this ruling emphasises the importance of meticulous and strategic drafting of submissions in appeals conducted under summary proceedings. Every written contribution must be effective and aimed at influencing the Court's decision, thereby ensuring the civil party full recognition of legal costs, an essential aspect for complete compensation for the damage suffered.