Judgment No. 27466 of 2024: The Withdrawal of the Complaint in Civil Proceedings Does Not Apply to Criminal Law

The judgment No. 27466 of 2024, issued by the Court of Cassation, represents an important clarification regarding the withdrawal of the complaint. In particular, the Court established that the commitment made by the complainant in civil proceedings to withdraw the complaint does not equate to a definitive will valid in criminal proceedings, thus excluding the possibility of considering such a commitment as a manifestation of tacit will to withdraw.

The Legal Context of the Judgment

In Italian criminal law, the withdrawal of the complaint is a fundamental act that can influence the course of a criminal proceeding. It is governed by Article 152 of the Penal Code, which states that the complaint can be withdrawn by the complainant, thereby leading to the extinction of the crime. However, this act must take place in appropriate form and manner in order to produce effects.

The Importance of Distinguishing Between Legal Areas

The Court of Cassation wanted to highlight the difference between civil and criminal procedures, clarifying that a commitment to withdraw the complaint made in civil proceedings cannot have automatic consequences in criminal law. This principle is of fundamental importance to ensure the certainty of law and the separation of various legal areas. In a context where the complaint has been filed for a crime subject to complaint, the complainant must formalize their will to withdraw clearly and directly, following the procedures provided for in the criminal process.

Commitment to withdraw the complaint made by the complainant in civil proceedings - Tacit withdrawal - Exclusion. The commitment made in civil proceedings by the complainant to withdraw the complaint does not equate to a definitive will valid in criminal proceedings and cannot, therefore, be considered as a manifestation of tacit will to withdraw.

The aforementioned maxim highlights a key principle: the absence of a connection between the two procedures. Therefore, if a complainant decides to initiate a civil action to obtain compensation, this does not automatically affect their position in criminal proceedings.

Conclusions

Judgment No. 27466 of 2024 emphasizes the necessity of a clear will on the part of the complainant when it comes to the withdrawal of the complaint in criminal matters. This decision not only clarifies the legal framework but also serves to protect the rights of the parties involved, avoiding misunderstandings and misinterpretations that could arise from commitments made in different contexts. Ultimately, the judgment reinforces the importance of following the correct procedures in each legal area, thereby ensuring a fairer and more transparent justice.

Bianucci Law Firm