Analysis of Judgment No. 29156 of 2024: Extinction of the Crime and Compensation for Damages

Judgment No. 29156 of 2024, issued by the Court of Cassation, addresses a crucial theme in criminal law: the interaction between the extinction of the crime due to statute of limitations and the civil consequences related to compensation for damages. This ruling requires an in-depth examination of the judge's responsibilities in applying procedural rules, especially in an appeals context.

The Context of the Judgment

In this case, the Court had to decide on an appeal against a conviction that also included compensation for damages in favor of the civil party. The main issue concerned the extinction of the crime due to statute of limitations that occurred during the proceedings. It is essential to note that the Court emphasized the judge's obligation to assess whether it was possible to issue a decision of acquittal on the merits.

Appeal judgment against the conviction of the defendant also for compensation for damages in favor of the civil party - Statute of limitations of the crime accrued during the proceedings - Obligation of the judge to assess whether a decision of acquittal on the merits can be issued, leading to the annulment of civil rulings - Existence - Rule of procedural-criminal judgment of "beyond a reasonable doubt" - Application - Considered impossibility of reaching an acquittal on the merits - Obligation to declare the extinction of the crime due to statute of limitations - Existence - Rule of procedural-civil judgment of "more likely than not" - Application. In the appeal judgment against the sentence that condemned the defendant also for compensation for damages in favor of the established civil party, the judge, faced with the extinction of the crime due to statute of limitations that occurred during the proceedings, is required to assess, based on the rule of procedural-criminal judgment of "beyond a reasonable doubt," whether a decision of acquittal on the merits can be issued, leading to the annulment of civil rulings, even in the case of insufficient or contradictory evidence, having to rule instead on civil rulings according to the rule of procedural-civil judgment of "more likely than not" only if he believes that this is not possible and that the declaration of extinction of the crime due to statute of limitations prevails.

The Obligation of Assessment by the Judge

The Court clarified that, in evaluating the case, the judge is required to apply two different standards of judgment depending on the aspect being examined. Regarding acquittal on the merits, the judge must follow the rule of "beyond a reasonable doubt." If he does not consider it possible to reach such a conclusion, the judge must declare the extinction of the crime due to statute of limitations.

Conversely, when it comes to civil rulings, the judge must operate according to the rule of "more likely than not." This means that if it is not possible to issue an acquittal, it must still be evaluated whether there are sufficient elements to justify compensation for damages.

Implications of the Judgment

This judgment has important practical implications, as it clarifies the judge's role in situations of statute of limitations for crimes. Decisions must be reasoned and follow procedural rules, thus ensuring justice both in criminal and civil matters. Legal professionals must pay particular attention to these aspects when preparing appeals.

  • Obligation to assess acquittal on the merits.
  • Application of the rule of "beyond a reasonable doubt."
  • Distinction between criminal and civil judgment.

Conclusions

In conclusion, judgment No. 29156 of 2024 represents a significant step in clarifying the responsibilities of the judge in cases of extinction of the crime due to statute of limitations. This decision not only outlines the methods of applying procedural norms but also provides important guidance for managing compensation cases in the criminal context. It is essential that legal practitioners carefully consider these guidelines to ensure effective defense and respect for the rights of the parties involved.

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