Commentary on Judgment No. 38513 of 2024: Constitution of Civil Party and Legal Costs
Judgment No. 38513 of September 19, 2024, represents an important landmark in the landscape of Italian criminal law, particularly regarding plea bargaining and the constitution of a civil party. In it, the Court addressed the issue of the admissibility of the constitution of a civil party at the hearing scheduled pursuant to Article 458-bis of the Code of Criminal Procedure, highlighting the consequences related to the costs of constitution.
The Regulatory Context
The central issue concerned the legitimacy of the order to pay the costs incurred by the civil party following the defendant's request for the application of the penalty. In particular, the Court established that the constitution of a civil party is also possible during the plea bargaining phase, marking an important evolution compared to previous jurisprudential orientations.
Hearing scheduled pursuant to Article 458-bis of the Code of Criminal Procedure for the request for application of penalty following the issuance of the immediate judgment decree - Constitution of civil party - Admissibility - Consequences - Liquidation of constitution costs - Legitimacy - Case. Regarding plea bargaining, the constitution of a civil party is permitted at the scheduled hearing, according to Article 458-bis of the Code of Criminal Procedure, as a consequence of the request for application of the penalty presented by the defendant following the issuance of the immediate judgment decree, so that the order for the defendant to pay the costs incurred by the civil party, as established by the judgment under Article 444 of the Code of Criminal Procedure, is legitimate (Case in which the Court annulled the order for the payment of legal costs limited to the amount liquidated to the civil party for discussion, as it pertains to a phase not provided for in plea bargaining).
The Consequences of the Judgment
The Court's decision has several practical implications:
- Admissibility of the Constitution of Civil Party: The Court stated that the civil party can constitute itself even at the time of the plea bargain request, expanding the possibilities for the protection of compensatory rights.
- Legal Costs: The order to pay the costs incurred by the civil party is legitimate, but not for all amounts, as the discussion phase is not provided for in plea bargaining.
- Regulatory Clarity: The judgment helps clarify an aspect that has, until now, generated differing interpretations among various courts.
Conclusions
In conclusion, Judgment No. 38513 of 2024 represents a step forward towards greater clarity and consistency in Italian criminal law. Its importance lies not only in defining the possibility of constituting a civil party during the plea bargaining phase but also in regulating legal costs. This jurisprudential orientation offers an important opportunity for victims of crimes to assert their rights and obtain compensation, making the legal system fairer and more accessible.
