Supreme Court Ruling, Order No. 15296 of 2024: Civil Liability and Defamation

The recent ruling by the Supreme Court, No. 15296 of 2024, provides significant insights into the relationship between civil and criminal liability in cases of unfounded complaints. The decision addresses a dispute between C.C., who was acquitted of charges of defamation and slander, and the plaintiffs A.A. and B.B., who were ordered to compensate him. This is an emblematic case that highlights the rights and duties of those who seek justice.

The Context of the Ruling

The case originated from a ruling by the Court of Barcelona Pozzo di Gotto, which acquitted C.C. with the formula "because the act does not constitute a crime." Subsequently, C.C. sued A.A. and B.B. for damages, arguing that the complaints were defamatory. The Court of Appeal of Messina partially upheld C.C.'s appeal, ordering the plaintiffs to pay compensation of 10,000 euros plus interest and legal fees.

Relevant Legal Principles

The Court clarified several fundamental points:

  • The criminal acquittal does not have res judicata effect in the civil compensation process, unless it states that the act does not exist.
  • The civil judge has the freedom to assess the evidence and may consider the acts of the criminal process as indications for the decision.
  • It is possible to seek compensation for defamation even in the absence of a definitive criminal ruling, as long as the elements constituting the offense are present.
Liability for defamation arises when the complaint is made with intent, meaning with awareness of the falsity of the reported facts.

Conclusions

The ruling of the Supreme Court No. 15296 of 2024 represents an important reference point for civil and criminal law. It clearly establishes that the burden of proof in cases of defamation lies with the complainant, and that the absence of a criminal conviction does not preclude the possibility of obtaining compensation. This judicial orientation emphasizes the protection of the rights of those who suffer unjustified complaints, highlighting the importance of responsible use of lawsuits.

Bianucci Law Firm