Analysis of Judgment No. 16412 of 2024: The Relevance of the Declaration of Non-Constitution as a Civil Party

The recent judgment No. 16412 of February 21, 2024, by the Court of Cassation, filed on April 19, 2024, offers an important reflection on the topic of criminal complaints and the constitution as a civil party, clarifying some fundamental aspects of the will to criminally prosecute an individual. The ruling is part of a complex legal context, where the dynamics between criminal and civil actions frequently intersect, creating potential ambiguities for complainants and lawyers.

The Core of the Judgment: Relevance of the Declaration of Non-Constitution as a Civil Party

The Court of Cassation has established that "the complainant's declaration of not wishing to be constituted as a civil party does not, in itself, indicate a lack of intent to file a complaint, as the complaint concerns the will to criminally prosecute an individual, while the constitution as a civil party pertains to the exercise of the civil action aimed at seeking compensation." This passage is crucial because it clarifies that the will to prosecute a crime is not necessarily linked to the will to claim compensation for damages suffered.

Declaration of the complainant of not wishing to be constituted as a civil party - Relevance regarding the persistence of punitive intent - Exclusion - Reasons. In the context of criminal complaints, the complainant's declaration of not wishing to be constituted as a civil party does not, in itself, indicate a lack of intent to file a complaint, as the complaint concerns the will to criminally prosecute an individual, while the constitution as a civil party pertains to the exercise of the civil action aimed at seeking compensation.

Practical Implications of the Judgment

This judgment has several practical implications that deserve attention. Firstly, it is essential for complainants to understand the distinction between the two actions:

• Criminal Complaint (Querela): expresses the will to criminally prosecute an individual.
• Constitution as a Civil Party: concerns the exercise of the civil action to claim compensation.

The judgment emphasizes that even if a complainant decides not to be constituted as a civil party, this does not imply that their intent to file a complaint is diminished. This is particularly relevant in contexts where the decision to seek compensation is postponed or deemed unnecessary for personal or strategic reasons.

Conclusions

In conclusion, judgment No. 16412 of 2024 represents an important clarification in the field of criminal law, highlighting the distinction between the intent to file a complaint and the intent to be constituted as a civil party. Lawyers and their clients must pay particular attention to this aspect, as it can significantly influence the legal strategy to be adopted. Awareness of this distinction helps protect the complainant's rights, ensuring that their will to prosecute a crime is not misinterpreted based on their decision not to seek immediate compensation.