Right of Appeal for the Civil Party: Judgment No. 9457/2025 and Full Compensation for Damages

The protection of crime victims and their right to full compensation are cornerstone principles of our legal system. However, the path to obtaining full justice can become complicated when the defendant's liabilities intersect with those of insurance companies. Judgment No. 9457, filed on March 7, 2025, by the Court of Cassation, intervenes with clarity, reaffirming an essential principle for the civil party: the right to obtain full compensation for damages, even if partial compensation has already been received.

The Interest of the Civil Party and Full Compensation

The civil party (Art. 74 of the Code of Criminal Procedure) can assert their claims for damages in criminal proceedings, aiming for full compensation. Often, however, insurance companies, jointly liable with the defendant, offer partial compensation. This ruling by the Supreme Court is crucial, clarifying the injured party's options for full redress, and reiterating the right of the damaged party not to settle for insufficient compensation.

The interest to appeal exists for the civil party who has not been fully satisfied in their claims for damages by the insurance company jointly liable with the defendant, with the aim of obtaining, through judicial means, their full redress from the principal debtor, as the appeal is capable of generating, for the appellant, a concrete situation more advantageous than the existing one.

This maxim from Judgment No. 9457/2025 is fundamental. It establishes that, despite having received partial compensation from the insurance company, the civil party retains full interest in appealing to obtain full compensation from the principal debtor. The Court reiterates that the interest to act (Art. 100 of the Code of Civil Procedure) persists as long as the damage has not been fully compensated. Only full redress constitutes a concretely more advantageous situation for the damaged party, strengthening the victim's protection against insufficient payments.

The Cassation Ruling: A Solid Precedent

The Court of Cassation, presided over by Dr. E. D. S. and with Dr. D. C. as Rapporteur, has annulled without referral the decision of the Court of Appeal of Catania in the case involving A. R. and P. G. The Supreme Court has reaffirmed a consolidated orientation (Judgment No. 42/1995 of the United Sections). The decision is based on the application of the articles of the Code of Criminal Procedure relating to appeals by the civil party (Art. 576 of the Code of Criminal Procedure). The right to full compensation cannot be curtailed by partial compensation: joint liability guarantees the damaged party the right to proceed against any debtor for the full amount, but it does not deprive them of the right to obtain full redress.

Key Aspects for Damaged Parties

• Partial compensation does not preclude the right to full redress.
• The civil party can appeal to obtain the difference from the direct responsible party.
• An expert assessment of the damage and qualified legal assistance are crucial.

Conclusions: Affirmation of the Right to Full Compensation

Judgment No. 9457/2025 of the Court of Cassation represents a significant affirmation of victims' rights and the principle of full compensation for damages. It consolidates the position of the civil party in criminal proceedings, ensuring that partial compensation cannot limit the pursuit of full justice. This decision underscores the judicial system's commitment to protecting damaged parties. For those who have suffered a wrong, it is a clear message: the right to full redress is protected and must be pursued with determination, availing oneself of adequate legal assistance.