Exclusion of Civil Party: Analysis of Judgment No. 17169 of 2023

Judgment No. 17169 of January 16, 2023, published on April 21, 2023, provides an important interpretation regarding the order of exclusion of the civil party in criminal proceedings. This topic, of significant interest to legal professionals and citizens involved in legal disputes, deserves further examination.

The Case and the Court's Decision

In the judgment under review, the Court of Cassation declared the order of exclusion of the civil party inadmissible, emphasizing that such a measure is always and definitively unappealable. The Court clarified that the order is not abnormal, as it was issued within the scope of a power granted to the judge by our legal system.

Order of exclusion of the civil party - Unappealability - Existence - Abnormality - Exclusion - Reasons. Regarding the participation of the civil party in the hearing, the order of exclusion of the civil party, which is always and definitively unappealable, is not abnormal as it is issued in the exercise of a power granted to the judge by the legal system and does not create a deadlock in the proceedings, slowing down their progress. (In its reasoning, the Court highlighted that since the measure has no decisive content, it does not prejudice the injured party, who may pursue a claim for damages in civil court).

Implications of the Judgment

This judgment has several practical implications for parties involved in criminal proceedings. Specifically:

• The civil party can continue to pursue their claim for damages in civil court, regardless of their exclusion from the criminal proceedings.
• The exclusion order does not cause a delay in the criminal proceedings, thus ensuring greater efficiency and fluidity in the process.
• The unappealability of the order offers greater legal certainty, avoiding unnecessary and repeated litigation.

Legal and Jurisprudential References

It is interesting to note that the Court referred to several articles of the Criminal Code and the New Code of Criminal Procedure, highlighting how these provisions support the position taken. In particular, Articles 185, 74, 80, 81, 88, and 568 of the New Code of Criminal Procedure were cited to emphasize the importance of a clear and defined procedure in managing civil parties.

Conclusions

In conclusion, judgment No. 17169 of 2023 represents a significant step forward in regulatory clarity concerning the exclusion of the civil party in criminal proceedings. It reiterates the unappealable nature of such orders and guarantees that injured parties can pursue their actions in civil court. Greater clarity and legal certainty can only benefit the legal system as a whole.