Comment on the Order No. 19899 of July 18, 2024: Legal Costs and Provisional Enforceability

The recent Order No. 19899 of July 18, 2024, from the Court of Cassation has raised important questions regarding the condemnation to pay the costs incurred by the civil party in the context of a criminal trial. In particular, the Court has established that the condemnation for the reimbursement of legal costs is not automatically endowed with provisional enforceability, a matter that deserves in-depth analysis.

The Regulatory Context

The decision is based on a careful reading of Article 540 of the Criminal Procedure Code (c.p.p.), which grants the judge discretion in attributing enforceability to the criminal judgment concerning the civil claim. Unlike what is provided for in Article 282 of the Civil Procedure Code (c.p.c.), which stipulates automatic enforceability, the situation in criminal proceedings is different.

Condemnation to pay the costs incurred by the civil party - Provisional enforceability - Exclusion - Basis. The condemnation for the reimbursement of legal costs in favor of the civil party constituted in the criminal proceedings is not automatically endowed with provisional enforceability, because, according to Article 540 c.p.p., unlike what is provided for in Article 282 c.p.c., the enforceability of the criminal judgment that addresses the civil claim is entrusted to the discretion of the judge, except for the provision on the provisional.

Implications of the Judgment

This judgment has significant repercussions in the legal landscape. In particular, it emphasizes that:

  • Provisional enforceability is not guaranteed for the condemnation of costs, meaning that the civil party may have to wait longer before recovering the incurred costs.
  • The judge has the discretionary power to assess the specific situation of the case and decide whether or not to grant enforceability.
  • It is crucial for the parties involved in a criminal trial to understand this difference, as it directly impacts the legal strategy to be adopted.

Conclusions

In conclusion, Order No. 19899 of 2024 represents an important clarification on the issue of legal costs in criminal proceedings. The judge's discretion, as emphasized by the Court, creates greater uncertainty for the civil party, who may find themselves at a disadvantage regarding the expectations of recovering costs. It is essential for lawyers and legal professionals to be aware of these dynamics in order to best assist their clients.

Bianucci Law Firm