Commentary on Judgment No. 26575 of 2024: Constitution of Civil Party and Complaint

On May 14, 2024, the Court of Cassation issued judgment No. 26575, which addresses the issue of the prosecutability of crimes that have become actionable by complaint following the "Cartabia" reform. This decision has significant implications for the parties involved in criminal proceedings, particularly regarding the establishment of a civil party and its relationship with the complaint.

The "Cartabia" Reform and Crimes Actionable by Complaint

The "Cartabia" reform, implemented by Legislative Decree No. 150 of 2022, introduced significant changes to the regulation of crimes actionable by complaint. In particular, Article 2, paragraph 1, letter I, of the decree establishes that some crimes can only be prosecuted following a complaint by the offended party. This has led to greater attention to the victim's willingness to pursue the perpetrator of the crime.

  • The complaint must be submitted in writing.
  • It is necessary for the offended party to explicitly express their intention to proceed.
  • The reform has simplified the ways to express punitive intent.

Equivalence between Constitution of Civil Party and Complaint

The Court, in judgment No. 26575, establishes that an unrevoked constitution of a civil party is equivalent to a complaint. This principle is fundamental, as it implies that, even in the absence of a formal complaint, the will of the offended party to pursue the perpetrator of the crime can be inferred from their constitution of civil party. The ruling states:

Crime made prosecutable by complaint as a result of the so-called "Cartabia" reform - Unrevoked constitution of civil party - Equivalence to complaint - Existence - Reasons - Case. The unrevoked constitution of civil party is equivalent to a complaint for the purposes of prosecutability of crimes that Legislative Decree No. 150 of October 10, 2022, has made actionable by complaint, provided that the punitive intent of the offended party, not requiring special formulas, can be legitimately inferred even from acts that do not contain its explicit manifestation (Case related to a civil party that had not submitted its conclusions in the appeal proceeding, concluded after the entry into force of the so-called "Cartabia" reform).

This means that, in situations where the civil party has not formally submitted a complaint, their constitution of civil party can still be considered as a manifestation of the will to pursue the perpetrator of the crime.

Conclusions

In conclusion, judgment No. 26575 of 2024 represents an important step forward in understanding the relationship between the constitution of civil party and the complaint. The decision of the Court of Cassation clarifies that the will of the offended party to pursue the crime can be deduced even from acts other than the formal complaint. This approach significantly simplifies the process for crime victims, making their participation in criminal proceedings more accessible. It is essential, however, that the parties involved fully understand the implications of this ruling and seek competent professionals to navigate the complex current legal landscape.

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