Judgment No. 16403 of 2023: Plea Bargaining and Constitution of Civil Party

The recent ruling of the Court of Cassation No. 16403 of November 30, 2023, represents an important clarification regarding plea bargaining and the constitution of a civil party. In particular, the Court established that the injured party can legitimately constitute themselves as a civil party even when the defendant has submitted a request for the application of the penalty before the preliminary hearing. This decision has generated considerable interest among legal practitioners, as it highlights the rights of victims within a criminal proceeding.

The Regulatory and Jurisprudential Context

In the context of Italian criminal law, plea bargaining is an institution that allows the defendant to agree on a penalty with the public prosecutor, thus avoiding a long and complex trial. However, until this judgment, there were doubts about the actual possibility for the injured party to constitute themselves as a civil party at this stage. The ruling in question, referring to Article 76 of the Code of Criminal Procedure, clarifies that, even in the presence of a plea bargaining request, the victim has the right to be heard and to assert their rights.

The Principle of the Judgment

Agreement for the application of the penalty formalized before the preliminary hearing - Constitution of a civil party - Admissibility - Liquidation of constitution expenses - Legitimacy. Regarding plea bargaining, the injured party is entitled to constitute themselves as a civil party at the preliminary hearing even if the defendant has previously filed the request for the application of the penalty with the consent of the public prosecutor, so that the judge must also decide on the regulation of the constitution expenses.

This principle highlights how the right to constitute oneself as a civil party is not subordinate to the judge's decision regarding plea bargaining. In fact, the judge is obligated to consider the civil party's request and to regulate legal expenses, thus ensuring complete protection of the injured party's rights.

Practical Implications for Victims

The consequences of this ruling are significant for crime victims. They can now:

  • Constitute themselves as a civil party at any stage of the proceedings, even in the presence of a plea bargaining agreement.
  • Request the judge for the liquidation of legal expenses incurred for the constitution of a civil party.
  • Be guaranteed their position within the criminal process, thus increasing their power of participation.

This judgment, therefore, not only protects the rights of victims but also promotes greater justice and accountability within the Italian criminal system.

Conclusions

In conclusion, Judgment No. 16403 of 2023 represents a step forward in the protection of the rights of crime victims, clearly affirming the legitimacy of their constitution as a civil party even in the case of plea bargaining. This jurisprudential development not only clarifies existing regulations but also invites broader reflection on the position of victims in the criminal process and the importance of ensuring them adequate access to justice.

Bianucci Law Firm