Supreme Court 19639/2025: The Standing of the Civil Party in Appeals Against the Rescission of a Final Criminal Judgment

In the Italian legal landscape, the protection of crime victims is taking on an increasingly central role, not only within the strictly criminal sphere but also concerning the civil aspects arising from unlawful acts. The recent ruling by the Supreme Court of Cassation, Judgment no. 19639 of 18/04/2025, represents an important clarification on the rescission of final judgments and the standing of the civil party, delineating clearer boundaries for the protection of the rights of those who have suffered damage.

This decision, presided over by A. G. and with E. M. as Rapporteur/Rapporteur, intervenes on a matter of fundamental practical importance, clearly affirming the possibility for the civil party to appeal the acceptance of a request for rescission of a final criminal judgment that has revoked civil rulings in their favour. Let's delve into the contours of this ruling and its implications.

The Regulatory Context and the Legal Issue

The rescission of a final judgment is a relatively recent procedural criminal law institute, introduced by art. 629-bis of the Code of Criminal Procedure, which allows for the removal of an irrevocable conviction judgment issued in the absence of the defendant, when the latter proves they were unaware of the proceedings for reasons not attributable to them. It is an instrument of substantive justice, aimed at guaranteeing the right to a fair trial and, in particular, the defendant's right to defence.

However, a criminal conviction judgment may also contain civil rulings, such as damages or provisional awards, in favour of the civil party constituted in the proceedings. The revocation of such a judgment, following the acceptance of a rescission request, can effectively prejudice the interests of the civil party by annulling these favourable rulings. The question therefore arose as to the standing and interest of the civil party to oppose such revocation through an appeal to the Supreme Court.

Judgment 19639/2025: A Beacon for the Protection of the Civil Party

The Supreme Court, with the judgment in question (no. 19639 of 2025), ruled on an appeal filed by the civil party against an order by the Court of Appeal of Naples which had accepted the request for rescission of the final judgment and, consequently, revoked the conviction judgment containing civil rulings favourable to the same civil party. The defendant in this specific case was R. P.M. L. P.

The Supreme Court's decision is clear and strengthens the position of the injured party. Here is the maxim summarising the principle affirmed:

In matters of rescission of a final judgment, the civil party is entitled and has a concrete and current interest to file an appeal to the Supreme Court against the order accepting the request for rescission and revoking the conviction judgment containing civil rulings favourable to it. (In its reasoning, the Court highlighted that art. 640 of the Code of Criminal Procedure, referred to by art. 629-bis, paragraph 4, of the Code of Criminal Procedure, does not distinguish between the different parties to the proceedings and recognises the right of appeal to each of them, in application of the general principle laid down by art. 568, paragraph 3, second period, of the Code of Criminal Procedure).

This maxim highlights a fundamental principle: the civil party, although not a party to the main criminal proceedings, has a direct and concrete interest in defending the civil rulings recognised in their favour in the criminal proceedings. The revocation of a conviction judgment containing such rulings deprives them of an enforceable title, making a new judicial path necessary to obtain compensation. Therefore, their standing to appeal to the Supreme Court is not merely theoretical but is based on the need to protect an already recognised right.

The Court referred to art. 640 of the Code of Criminal Procedure, which governs appeals to the Supreme Court against judgments issued in rescission proceedings, emphasising that this provision makes no distinction between the parties to the proceedings. This links back to the general principle laid down by art. 568, paragraph 3, second period, of the Code of Criminal Procedure, which states that "every party has the right to appeal judgments and orders that conclude a proceeding at any stage and level, provided they have an interest." In the case of the civil party, the interest is evident and concrete: to maintain the effectiveness of the civil rulings in their favour.

Practical Implications and the Position of the Civil Party

Judgment 19639/2025 has significant practical implications for the protection of crime victims. It strengthens the position of the civil party in criminal proceedings, recognising an active and autonomous role in defending their civil interests, even in the face of procedures that primarily concern the defendant.

In summary, the key points of this decision are:

• **Standing of the Civil Party:** The civil party is fully entitled to file an appeal to the Supreme Court.
• **Concrete and Current Interest:** The interest to act arises from the potential loss of favourable civil rulings.
• **Regulatory Reference:** The interpretation of arts. 629-bis, 640, and 568 of the Code of Criminal Procedure converges in recognising this right.
• **Protection of Compensation:** The decision ensures that the victim can defend their right to compensation without having to restart new civil proceedings in the event of the revocation of the criminal judgment.

This ruling fits into a line of case law that tends to enhance the position of the civil party, as already highlighted by previous maxims (e.g., judgments no. 30547 of 2019 and no. 5828 of 2019, as well as the United Sections no. 15290 of 2018 and no. 6624 of 2012), which have progressively expanded the guarantees and opportunities for intervention for the protection of civil interests in criminal proceedings.

Conclusions: A Step Forward for Justice and Victim Protection

Judgment no. 19639 of 2025 by the Supreme Court of Cassation represents a significant piece in the mosaic of Italian criminal justice. By recognising the full standing and interest of the civil party to appeal to the Supreme Court against the acceptance of the rescission of a final judgment that revokes civil rulings in their favour, the Supreme Court not only more effectively protects the compensation rights of victims but also reaffirms the importance of an integrated approach between criminal and civil justice. For crime victims, this means greater security and the certainty of being able to strongly defend their interests, without the procedural events concerning the defendant automatically prejudicing acquired rights. This is further confirmation that the legal system is constantly evolving to ensure increasingly complete and timely protection for all parties involved in the proceedings.