Commentary on Ruling Order no. 19899 of 18/07/2024: Litigation Costs and Provisional Enforceability

The recent Order no. 19899 of July 18, 2024, by the Court of Cassation has raised important issues concerning the order to pay the costs incurred by the civil party in the context of a criminal trial. In particular, the Court has established that the order to refund litigation costs is not automatically provisionally enforceable, a matter that deserves in-depth analysis.

The Regulatory Framework

The decision is based on a careful reading of Article 540 of the Code of Criminal Procedure (c.p.p.), which grants the judge discretion in attributing enforceability to the criminal judgment concerning the civil claim. Unlike what is provided for by Article 282 of the Code of Civil Procedure (c.p.c.), which provides for automatic enforceability, the situation is different in criminal proceedings.

Order to pay costs incurred by the civil party - Provisional enforceability - Exclusion - Basis. The order to refund litigation costs in favor of the civil party constituted in the criminal proceedings is not automatically provisionally enforceable because, pursuant to art. 540 c.p.p., unlike what is provided for by art. 282 c.p.c., the enforceability of the criminal judgment that rules on the civil claim is left to the judge's discretion, except for the part concerning the provisional sum.

Implications of the Ruling

This ruling has significant repercussions in the legal landscape. In particular, it emphasizes that:

• Provisional enforceability is not guaranteed for the order to pay costs, which means that the civil party may have to wait longer before recovering the expenses incurred.
• The judge has the discretionary power to assess the specific situation of the case and decide whether or not to grant enforceability.
• It is crucial for the parties involved in a criminal trial to understand this difference, as it directly impacts the legal strategy to be adopted.

Conclusions

In conclusion, Order no. 19899 of 2024 represents an important clarification on the issue of litigation costs in criminal proceedings. The judge's discretion, as highlighted by the Court, creates greater uncertainty for the civil party, who may find themselves in a disadvantaged position compared to their expectations of cost recovery. It is essential for lawyers and legal professionals to be aware of these dynamics in order to best assist their clients.