Commentary on ruling no. 26223 of 2023: Compensation for Damage and Continuous Offense

The ruling no. 26223 of May 4, 2023, filed on June 16, 2023, provides important clarifications regarding the application of mitigating circumstances in the context of continuous offenses. In particular, the Court addressed the issue of compensation for damage and how it may influence the quantification of the penalty, highlighting the crucial role of restitution in determining the judiciary's attitude towards the accused.

The Principle of Compensation for Damage

The Court of Cassation, in the ruling under examination, reiterated that compensation for damage under art. 62, no. 6, penal code is a fundamental element that can lead to the application of mitigating circumstances. However, it is essential that the compensation occurs adequately. If the amount paid is less than the total damage, the Court established that the compensation must be attributed to the more burdensome debt, following the provisions of art. 1193 of the civil code.

Compensation for damage under art. 62, no. 6, penal code – Amount less than total – Attribution criteria – Art. 1193 civil code – Applicability – Consequences – Case law. In the context of continuous offenses, the mitigating circumstance referred to in art. 62, no. 6, penal code, where the compensation has occurred through the payment of an amount less than the total damage amount, must be evaluated and applied - in the absence of any different indication from the damaging party - attributing the compensation to the more burdensome debt, based on the criteria provided by art. 1193 civil code, with the consequence that the reduction will operate exclusively if the amount paid as compensation is at least equal to the damage caused by the conduct of the offense deemed more serious.

The Implications of the Ruling

This ruling has several practical implications for lawyers and defendants. Firstly, it clarifies that mere compensation for damage is not always sufficient to obtain a reduction in the penalty. It is crucial that the amount paid is in line with the damage suffered by the victim. Otherwise, the mitigating circumstance may not be applicable. Therefore, it is essential that lawyers assist their clients in managing compensations, considering the attribution criteria provided by the civil code.

Conclusions

In conclusion, ruling no. 26223 of 2023 represents an important guide for evaluating mitigating circumstances in cases of continuous offense and compensation for damage. It provides a decisive clarification on how the attribution criteria should be applied, highlighting the importance of proper management of restitution. Lawyers and professionals in the field must pay particular attention to these aspects to ensure an effective defense in compliance with current regulations.

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