The Credibility of the Victim in Judgment No. 4252 of 2024

The recent judgment no. 4252 of November 18, 2024, filed on January 31, 2025, offers an important reflection on the credibility of the victim in criminal matters, particularly regarding the effect of compensation for damages. The Court of Cassation has addressed, in detail, the issue of evaluating evidence and the validity of the testimony of those who have suffered a wrongdoing but have not been constituted as civil parties.

The Normative and Legal Context

The Court clarified that the compensation for damages awarded to the victim does not compromise their credibility as a witness. This principle is based on the idea that if the victim were forced to renounce their right to compensation in order to be considered credible, it would create a paradoxical situation. Jurisprudence is clear: compensation is a private law institution and cannot be interpreted as a tacit confession or evidence of criminal liability.

Compensation for damages awarded - Impact on the credibility of the victim - Exclusion - Reasons - Clarifications. Regarding the evaluation of evidence, the compensation awarded to the victim who has not constituted a civil party does not undermine their credibility as a witness; otherwise, the victim would find themselves in the anomalous condition of having to renounce the exercise of the right granted to them by the legal system due to the wrongdoing suffered in order to be believed. (In its reasoning, the Court also stated that no evidence of criminal liability is offered to the judge as a consequence of the compensation awarded, as this is a private law institution, not susceptible to being understood as a tacit confession, judicial or extrajudicial).

Practical Implications of the Judgment

The implications of this judgment are multiple and relevant not only for lawyers but also for individuals involved in criminal proceedings. Here are some key points:

  • The testimony of the victim is protected and can be used as evidence, regardless of whether they have constituted a civil party.
  • The compensation for damages should not be seen as an admission of guilt, but rather as a recognition of the harm suffered.
  • Future judicial decisions will need to take this principle into account, thus ensuring greater fairness in the criminal process.

This judgment fits into a line of jurisprudence aimed at ensuring the protection of the rights of victims, preventing the criminal process from turning into a form of retaliation for those who choose to claim their right to compensation.

Conclusions

Judgment no. 4252 of 2024 represents a significant step forward in the protection of the victim within the Italian legal system. The Court reaffirmed that compensation for damages should not affect the credibility of those who testify, thus creating a fairer and more balanced environment in which the rights of victims are respected. This decision, in addition to clarifying normative aspects, invites reflection on how the law can evolve to meet the demands of justice and equity.

Bianucci Law Firm