Analysis of Judgment No. 25287 of 2023: Restoration to the Deadline for the Constitution of Civil Party

The judgment No. 25287 of March 30, 2023, of the Court of Cassation represents an important step forward in the protection of the rights of victims in criminal proceedings. With this decision, the Court confirmed that a victim of a crime can be restored to the deadline for the constitution of a civil party even in the presence of circumstances of force majeure or fortuitous events.

The Legal Context

The Court referred to Article 175 of the Code of Criminal Procedure, which regulates the possibility of restoring the deadline for parties that were unable to comply with it. It is essential to note that, according to case law, this article does not apply only to parties in a technical sense but extends its provisions also to the preliminary investigation phase, where there are not yet parties, but only subjects of the proceedings.

The Judgment's Principle

Victim - Applicability of Article 175 of the Code of Criminal Procedure - Existence - Reasons. The victim of the crime can be restored to the deadline for the constitution of a civil party that they were unable to comply with due to fortuitous events or force majeure, as, in harmony with the increased guarantees of participation in the criminal process recognized by constitutional and conventional jurisprudence, it must be considered that Article 175 of the Code of Criminal Procedure does not exclusively refer to parties in a technical sense, being, moreover, a provision applicable also in the preliminary investigation phase, where there are not yet parties, but only subjects of the proceedings.

This principle highlights the importance of ensuring equitable access to justice for victims, recognizing that difficulties in adhering to procedural deadlines may arise from external and unpredictable factors. The Court's decision aligns with European norms and principles of restorative justice, which aim to protect crime victims.

Implications of the Judgment

  • Increased protection for crime victims.
  • Possibility of returning to the deadlines for the constitution of a civil party even in situations of force majeure.
  • Recognition of the preliminary investigation phase as relevant to the position of the victim.

The recognition of such rights by the Court of Cassation is a positive signal for Italian justice, which is increasingly orienting itself towards greater protection of victims. Judgment No. 25287 represents an important opportunity for victims to assert their rights in a procedural context that often appears complex and challenging.

Conclusions

In conclusion, Judgment No. 25287 of 2023 marks an important step in strengthening guarantees for victims in criminal proceedings. The Court, through a broad interpretation of Article 175 of the Code of Criminal Procedure, has demonstrated particular attention to the needs of victims, allowing them to exercise their rights even in difficult situations. This orientation represents a significant advancement towards a more equitable and inclusive justice system.

Bianucci Law Firm