Cass. civ., Sez. III, Sent. n. 36638/2021: Autonomy between Civil and Criminal Judgment in Liability Matters
Judgment n. 36638/2021 of the Court of Cassation represents an important clarification regarding the interaction between civil law and criminal law, especially in cases of damages arising from road accidents. The Court established that a criminal acquittal does not automatically imply the absence of civil liability, opening the door to an independent assessment of the facts by the civil judge.
The Case and the Court's Decision
The appeal was filed by Groupama Assicurazioni S.p.A. against the ruling of the Court of Appeal of Rome, which had partially upheld the claim for damages presented by the heirs of a deceased following a road accident. The Court of Appeal, deviating from the first-instance decision, had established the liability of the driver involved, despite the latter having been acquitted in the criminal proceedings with the formula 'because the act does not constitute a crime'.
The Court of Cassation confirmed the autonomy of the civil judgment in relation to the criminal one, establishing that a criminal acquittal does not exclude the possibility of establishing liability in the civil judgment.
Fundamental Principles of the Ruling
The Court reiterated some fundamental principles:
- Acquittal in criminal proceedings does not have res judicata effect in civil damage proceedings.
- The civil judge can carry out an independent assessment of the facts and liabilities.
- The element of fault and the causal link are evaluated according to civil law criteria, different from those of criminal law.
In particular, the Court emphasized that the civil judge is not bound by what has been established by the criminal judge and has the power to freely assess the available evidence, applying the 'more likely than not' standard to establish liability.
Conclusions
Judgment n. 36638/2021 represents an important step in clarifying the distinction between civil and criminal liabilities, highlighting the need for a thorough and independent analysis by the civil judge. This decision provides an important point of reflection for lawyers and legal practitioners, emphasizing the importance of considering the specificities of each case and not assuming that a criminal acquittal can influence civil liability.
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