Commentary on Judgment No. 27151 of 2024: Legitimacy of the Civil Party in the Execution Incident

The judgment No. 27151 of May 31, 2024, filed on July 9, 2024, provides important clarifications on the legitimacy of the injured party to participate in the execution incident promoted by the public prosecutor in the event of non-fulfillment of compensatory obligations by the convicted party. This issue, of significant importance in the Italian legal landscape, concerns the delicate balance between the rights of the injured party and the procedural dynamics of criminal execution.

The Legal Context of the Judgment

The Court, presided over by G. De Marzo and with M. Zoncu as the reporting judge, confirmed the legitimacy of the injured party who became a civil party in the knowledge process to participate in the execution incident. This is a fundamental aspect, as the civil party is considered an "interested" party under Article 666, paragraph 1, of the code of criminal procedure.

Execution incident promoted by the public prosecutor due to the non-fulfillment of compensatory obligations by the convicted party - Legitimacy of the injured party who has already become a civil party to participate - Existence - Reasons. The injured party who has become a civil party in the knowledge process is legitimized to participate in the execution incident promoted by the public prosecutor for the revocation of the benefit of conditional suspension of the sentence due to the non-fulfillment of compensatory obligations, as it concerns an "interested" party, in the terms of Article 666, paragraph 1, of the code of criminal procedure. (In the motivation, the Court specified that the civil party, as directly involved, is also able to provide information, even "in favor," regarding the fulfillment of the compensatory obligation).

The Implications of the Judgment

This decision represents a significant step for the protection of the rights of crime victims. The Court emphasized that the civil party, as directly involved, is able to provide useful information regarding the fulfillment of the compensatory obligation. This implies that their role is not merely passive but active and constructive in the execution process.

  • Recognition of the civil party as an active subject.
  • Possibility to provide relevant information for the fulfillment of compensatory obligations.
  • Strengthening the position of the victim in the criminal process.

Conclusions

In conclusion, judgment No. 27151 of 2024 highlights an important evolution in Italian criminal law, strengthening the role of the civil party and guaranteeing greater protection for crime victims. This judicial orientation could have significant repercussions not only in the realm of criminal justice but also in the area of social awareness regarding victims' rights. It is essential that victims know their rights and the possibilities of asserting them within the criminal process.

Bianucci Law Firm