Commentary on Judgment No. 51681 of 2023: Acquittal and Costs of the Plaintiff

The judgment no. 51681 of November 30, 2023, issued by the Court of Cassation, represents an important reference for those facing issues related to the responsibility for legal costs in case of acquittal. In particular, the ruling clarifies how the acquittal of the defendant can influence the condemnation of costs for the plaintiff and the configurability of vexatious litigation.

The Context of the Judgment

In the case at hand, the defendant, G. P., was acquitted according to the provisions of Article 530, paragraph 2, of the code of criminal procedure. This rule establishes that if the judge does not consider the guilt of the defendant proven, he must pronounce acquittal. The Court therefore rejected the request for the condemnation of costs from the plaintiff, emphasizing that:

Acquittal of the defendant ex Article 530, paragraph 2, code of criminal procedure - Condemnation of costs for the plaintiff ex Article 427 code of criminal procedure - Exclusion - Condemnation for damages - Absence of serious fault - Foundation. The acquittal pronounced ex Article 530, paragraph 2, code of criminal procedure excludes both the condemnation of costs for the plaintiff pursuant to Article 427, paragraph 1, code of criminal procedure, and the configurability of vexatious litigation, with the consequent compensation for damages under Article 427, paragraph 3, code of criminal procedure, lacking "in re ipsa" the subjective element of serious fault, given that the uncertain evidential framework is suitable to suggest a possibility of guilt.

Analysis of the Principle

The principle expressed in the ruling offers significant insights. Firstly, the Court highlights how acquittal not only frees the defendant from any criminal liability but also excludes the possibility for the plaintiff to request reimbursement of legal costs. This occurs because serious fault is not configured, which is an essential requirement for the condemnation of costs. Serious fault, in fact, implies a willful or grossly negligent conduct, which in the case of an uncertain evidential framework cannot be presumably attributed to the plaintiff.

  • Acquittal ex Article 530, paragraph 2: implies the absence of sufficient evidence for guilt.
  • Condemnation of costs: not applicable if there is no serious fault on the part of the plaintiff.
  • Vexatious litigation: excluded in the presence of reasonable doubt about the guilt of the defendant.

Regulatory and Jurisprudential References

It is essential to consider how this judgment fits into a broader context of rules and jurisprudential precedents. Articles 427 and 530 of the code of criminal procedure establish the fundamental principles concerning legal costs and acquittal, while the Constitutional Court has repeatedly reaffirmed the importance of ensuring a fair balance between the rights of the parties in criminal proceedings.

Conclusions

In conclusion, judgment no. 51681 of 2023 provides an important clarification regarding the responsibility for legal costs in the context of an acquittal. It reaffirms the principle that the absence of elements of guilt implies the impossibility of condemning the plaintiff to costs, thus preserving the rights of those involved in a criminal proceeding. In an era where legal fees can represent a significant burden, this ruling proves crucial for ensuring fair and accessible justice.

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