The Credibility of the Injured Party in Judgment No. 4252 of 2024

The recent judgment no. 4252 of 18 November 2024, filed on 31 January 2025, offers an important reflection on the credibility of the injured party in criminal proceedings, particularly regarding the effect of compensation for damages. The Court of Cassation has addressed, in detail, the issue of evidence assessment and the validity of the testimony of those who have suffered an offense but have not joined the civil proceedings as a civil party.

The Regulatory and Legal Context

The Court clarified that the compensation for damages, in favour of the injured party, does not compromise their credibility as a witness. This principle is based on the idea that, if the injured party were forced to waive their right to compensation in order to be considered credible, a paradoxical situation would arise. Case law is clear: compensation is a private law institution and cannot be interpreted as tacit admission or proof of criminal liability.

Compensation for damages received - Impact on the credibility of the injured party - Exclusion - Reasons - Clarifications. In terms of evidence assessment, the compensation for damages received by the injured party who has not joined the civil proceedings as a civil party does not undermine their credibility as a witness, as the aforementioned would otherwise be in the anomalous condition of having to waive the exercise of the right granted to them by the legal system as a consequence of the offense suffered in order to be believed. (In its reasoning, the Court also affirmed that the judge is not offered any proof of criminal liability as a consequence of the compensation for damages received, as this is a private law institution, not susceptible to being understood as a tacit admission, judicial or extrajudicial).

Practical Implications of the Judgment

The implications of this judgment are manifold and relevant not only for lawyers but also for individuals involved in criminal proceedings. Here are some key points:

• The testimony of the injured party is protected and can be used as evidence, regardless of whether they have joined the civil proceedings as a civil party.
• Compensation for damages should not be seen as an admission of guilt, but rather as a recognition of the damage suffered.
• Future judicial decisions must take this principle into account, thus ensuring greater fairness in criminal proceedings.

This judgment is part of a line of case law aimed at ensuring the protection of the rights of the injured party, preventing criminal proceedings from turning into a form of retaliation for those who decide to claim their right to compensation.

Conclusions

Judgment no. 4252 of 2024 represents a significant step forward in the protection of the injured party within the Italian legal system. The Court has reaffirmed that compensation for damages should not affect the credibility of those who testify, thus creating a fairer and more balanced environment in which the rights of victims are respected. This decision, in addition to clarifying regulatory aspects, invites reflection on how the law can evolve to respond to the needs of justice and equity.