Commentary on Judgment No. 15664 of 2023: Costs of the Trial and Prescription in Criminal Proceedings
Judgment No. 15664 of 2023 represents an important ruling by the Court of Cassation concerning the delicate issue of legal costs in criminal proceedings, particularly in appeals against judgments declaring the extinction of the crime due to prescription. This article aims to analyze the key points of the decision and clarify the meaning of the legal implications that arise from it.
The Case and the Role of the Parties
In the case at hand, the defendant, C. Z., had appealed a dismissal judgment due to prescription, seeking a favorable ruling on the merits. The Court declared the appeal inadmissible, highlighting that in criminal proceedings, the burden of legal costs for the civil party is linked to the loss of the case. This means that if the defendant loses the appeal, they will be required to reimburse the legal costs incurred by the civil party.
- Prescription of the crime and the possibility of appeal.
- Role of the civil party in the appeal proceedings.
- Interest in reimbursement of costs in case of loss.
The Principle of Losing Party and Legal Costs
Appeal of the defendant against the judgment declaring the extinction of the crime due to prescription - Losing party - Civil party - Costs of the appeal proceedings - Assessment - Criteria - Case. In criminal proceedings, the obligation to reimburse the legal costs incurred by the civil party is linked to the losing party, which must be assessed in the appeal proceedings with reference to the grievance and the related interest of the victim of the crime to assert their rights against the reasons proposed by the defendant, so that, if there is an interest of the latter to appeal the judgment declaring the extinction of the crime due to prescription, even when there has been no waiver of it, there is also an interest of the civil party to resist in court and their interest in the reimbursement of costs in case of the appellant's loss. (Case in which the defendant had appealed the dismissal decision due to prescription that occurred in the first instance, urging, with the appeal act, the adoption of a liberating judgment on the merits, for this reason destined to have effect in civil proceedings pursuant to Article 652 of the Code of Criminal Procedure).
This maxim implies that, in the event the defendant decides to appeal a dismissal judgment due to prescription, the civil party has the right to resist and to request reimbursement of legal costs if the defendant's appeal is unsuccessful. This principle is fundamental to ensure that parties harmed by the crime can exercise their rights without fearing incurring costs in the event of the defendant's loss.
Conclusions
In summary, judgment No. 15664 of 2023 provides important clarifications regarding the management of legal costs in criminal proceedings, emphasizing the principle of losing party and the civil party's right to be reimbursed in case of an unfavorable outcome for the defendant. This decision highlights the importance of ensuring a balance between the rights of the parties and the need for a fair and just trial. The clarity provided by the Court regarding these dynamics is a step forward toward a more accessible and understandable justice for all.
