Judgment No. 45002 of 2024: Unusability of Statements in Civil Mediation in Criminal Proceedings

The judgment No. 45002 of October 29, 2024, by the Court of Cassation addresses a crucial issue in the field of law, namely the unusability of statements made during civil mediation within criminal proceedings. This decision, issued by President Grazia Rosa Anna Miccoli and Rapporteur Francesco Cananzi, provides important insights for both legal professionals and citizens involved in legal matters.

The Legal Context of the Judgment

The case in question developed following a dispute involving the defendant F. P. M. and raised the issue of the usability of statements made during the mediation process. The Court clarified that the unusability of statements does not extend to criminal proceedings but applies exclusively to civil and commercial judgments following mediation. This principle is grounded in Article 194 of the Code of Criminal Procedure and Articles 2 and 10 of Legislative Decree No. 28 of March 4, 2010, which regulate the matter of mediation.

The Principle of Unusability

Statements made in the context of civil mediation - Unusability in criminal proceedings - Exclusion - Case law. The unusability of statements made or information acquired during civil mediation does not concern criminal proceedings but only the judgment following mediation related to civil and commercial disputes. (In applying the principle, the Court deemed the challenged decision, which considered the testimony regarding threats made by the defendant during mediation as usable, to be free from criticism).

The maxim highlighted underscores a fundamental aspect of the Italian legal system: statements made during mediation, while protected by a regime of unusability for civil disputes, can instead be used in criminal proceedings. This clearly distinguishes the two areas and emphasizes the importance of ensuring procedural truth, especially in cases involving offenses that may have significant criminal consequences.

Practical Implications

The implications of this judgment are multiple and highly relevant:

  • Awareness for professionals: Lawyers and mediators must be aware that, although statements made in mediation may not be usable in a civil proceeding, they can still hold value in a criminal context.
  • Respect for privacy: The judgment invites reflection on the importance of privacy and confidentiality in mediation procedures, which must be managed with care.
  • Regulatory clarity: The Court's decision provides greater regulatory clarity for future cases, helping to delineate the boundaries between civil mediation and criminal proceedings.
Bianucci Law Firm