Commentary on Judgment No. 51681 of 2023: Acquittal and Plaintiff's Costs

Judgment No. 51681 of November 30, 2023, issued by the Court of Cassation, represents an important reference for those facing issues related to legal costs in cases of acquittal. In particular, the ruling clarifies how the acquittal of the defendant can influence the order for the plaintiff's costs and the establishment of vexatious litigation.

Context of the Judgment

In the case at hand, the defendant, G. P., was acquitted pursuant to Article 530, paragraph 2, of the Code of Criminal Procedure. This provision states that if the judge does not find the defendant's guilt proven, they must pronounce an acquittal. The Court therefore rejected the plaintiff's request for an order for costs, emphasizing that:

Acquittal of the defendant pursuant to Article 530, paragraph 2, of the Code of Criminal Procedure - Order for the plaintiff's costs pursuant to Article 427 of the Code of Criminal Procedure - Exclusion - Order for damages - Absence of gross negligence - Basis. Acquittal pronounced pursuant to Article 530, paragraph 2, of the Code of Criminal Procedure excludes both the order for the plaintiff's costs under Article 427, paragraph 1, of the Code of Criminal Procedure, and the establishment of vexatious litigation, with consequent damages under Article 427, paragraph 3, of the Code of Criminal Procedure, as the subjective element of gross negligence is "in re ipsa" absent, given that the uncertain evidentiary framework is sufficient to suggest a possibility of guilt.

Analysis of the Ruling

The ruling expressed in the judgment offers significant insights. Firstly, the Court highlights how acquittal not only frees the defendant from all criminal liability but also excludes the plaintiff from seeking reimbursement of legal costs. This occurs because gross negligence, an essential requirement for an order for costs, is not established. Gross negligence, in fact, implies intentional or grossly negligent conduct, which, in the case of an uncertain evidentiary framework, cannot be presumed to be attributable to the plaintiff.

• Acquittal under Art. 530, paragraph 2: implies the absence of sufficient evidence for guilt.
• Order for costs: not applicable if there is no gross negligence on the part of the plaintiff.
• Vexatious litigation: excluded in the presence of reasonable doubt regarding the defendant's guilt.

Legal and Jurisprudential References

It is crucial to consider how this judgment fits into a broader context of norms and jurisprudential precedents. Articles 427 and 530 of the Code of Criminal Procedure establish the fundamental principles regarding legal costs and acquittal, while the Constitutional Court has repeatedly affirmed the importance of ensuring a fair balance between the rights of the parties in criminal proceedings.

Conclusions

In conclusion, judgment No. 51681 of 2023 offers an important clarification regarding the responsibility for legal costs in the context of an acquittal. It reaffirms the principle that the lack of elements of guilt makes it impossible to order the plaintiff to pay costs, thus preserving the rights of those involved in criminal proceedings. In an era where legal costs can represent a significant burden, this ruling proves crucial for ensuring fair and accessible justice.