Judgment No. 16083 of 2023: Compensation for Damages and Probation
The recent ruling No. 16083 of March 17, 2023, by the Court of Cassation offers significant insights regarding the suspension of proceedings with probation and compensation for damages. The Court reaffirmed the importance of adequate compensation, which must correspond to the harm suffered by the victim and take into account the economic conditions of the defendant.
The Context of the Ruling
The ruling in question pertains to a case of electricity theft, in which the defendant, N. A., had requested the suspension of proceedings with probation. The Court examined the compensation proposal presented by the defendant, highlighting how it was not consistent with his economic capacity. According to the Court, compensation must be proportional to the harm inflicted upon the victim, but also to the economic situation of the defendant.
Request for suspension with probation - Compensation for damages - Correspondence to the harm inflicted on the victim "where possible," i.e., to the economic conditions of the defendant - Investigative powers of the judge ex art. 468-bis, paragraph 5, code of criminal procedure - Exercise - Conditions - Case. In the matter of suspension of proceedings with probation, compensation for damages must correspond to the financial harm inflicted on the victim, "where possible," or, in any case, to the maximum effort required from the defendant in light of his economic conditions, so that the judge, where there are investigatory issues to be explored, must activate, ex art. 464-bis, paragraph 5, code of criminal procedure, his own investigative powers, while, otherwise, is only required to account for the motivational path followed. (Case related to electricity theft, in which the Court deemed the decision immune from criticism, where, with precise reasoning, the offered compensation was considered inadequate, as, based on the data in the records, the proposal was inconsistent with the economic capacity of the defendant inferred, among other things, from the value of the instrumental goods and the capital invested in the business activity).
The Implications of the Ruling
This ruling underscores the active role of the judge in evaluating and verifying compensation proposals. In particular, Article 468-bis, paragraph 5, of the code of criminal procedure grants the judge investigative powers that must be exercised when there are elements to be explored. This approach aims to ensure that compensation not only meets the needs of the victim but also respects the economic capabilities of the defendant.
- Compensation must be appropriate in relation to the damage suffered by the victim.
- The judge must assess the economic conditions of the defendant.
- It is essential that the compensation does not appear inadequate in relation to the defendant's financial reality.
Conclusions
In summary, judgment No. 16083 of 2023 provides important clarification on the issue of compensation for damages in relation to the suspension of proceedings with probation. It emphasizes the necessity for careful and reasoned evaluation by the judge, who must ensure a balance between the compensation owed to the victim and the economic possibilities of the defendant. This approach not only protects victims but also contributes to social justice, preventing inadequate compensation from further compromising the defendant's economic position.
