Analysis of Judgment No. 14792 of 2022: New Evidence in Criminal Review

Judgment No. 14792 of 2022, issued by the Court of Cassation, has raised a crucial issue regarding criminal review, specifically concerning the admissibility of civil judgments as new evidence. This decision offers significant insights into how civil judgments, even if not final, can influence criminal proceedings.

Regulatory Context

The review of a criminal trial is governed by Article 630 of the Code of Criminal Procedure, which establishes the necessary conditions for a judgment to be reconsidered. In particular, the reading of Judgment No. 14792 clarifies that a civil judgment can constitute new evidence, provided it has not been previously acquired or assessed in the criminal proceedings.

New Evidence - Civil Judgment Constituting Effects Affecting the Prerequisites of the Offense - Requirements - Necessary Finality - Exclusion - Case Law. In the context of review, a civil judgment, never acquired, nor assessed, not even implicitly, in criminal proceedings, which establishes legal effects capable of affecting the prerequisites of the offense, constitutes new evidence, pursuant to Article 630, paragraph 1, letter c), of the Code of Criminal Procedure, without its finality being necessary. (Case law concerning a civil appellate judgment, enforceable pursuant to Article 373 of the Code of Civil Procedure).

Implications of the Judgment

The decision under review has significant implications for legal practice, as it emphasizes that the finality of a civil judgment is not required for it to be considered in the review process. This represents a significant shift from previous case law, which might have limited the use of civil judgments to those that were definitive.

• Civil judgments can be used as new evidence in criminal contexts.
• The finality of a civil judgment is not necessary for its admissibility.
• Civil judgments must never have been assessed in the criminal proceedings to be considered new evidence.

This openness offers new opportunities for defendants who may have favorable civil judgments available, which, although not final, can influence the interpretation of evidence in criminal proceedings.

Conclusions

In conclusion, Judgment No. 14792 of 2022 represents an important step forward in Italian jurisprudence, clarifying the role of civil judgments in criminal proceedings and their potential as new evidence. Lawyers and legal professionals will need to pay attention to this development, as it could alter defense strategies and procedural dynamics in matters of criminal review.