Commentary on Judgment No. 26575 of 2024: Constitution of Civil Party and Complaint

On May 14, 2024, the Court of Cassation issued judgment No. 26575, which addresses the issue of the prosecutability of offenses that have become prosecutable upon complaint as a result of the "Cartabia" reform. This decision has important implications for the parties involved in criminal proceedings, particularly regarding the constitution of a civil party and its relationship with the complaint.

The "Cartabia" Reform and Offenses Prosecutable Upon Complaint

The "Cartabia" reform, implemented by Legislative Decree No. 150 of 2022, introduced significant changes to the regulation of offenses prosecutable upon complaint. In particular, Article 2, paragraph 1, letter I, of the decree establishes that certain offenses can only be prosecuted following a complaint by the offended party. This has led to increased attention on the victim's willingness to prosecute the perpetrator of the offense.

• The complaint must be submitted in writing.
• It is necessary for the offended party to explicitly express their willingness to proceed.
• The reform has simplified the methods for expressing the punitive will.

Equivalence Between Constitution of Civil Party and Complaint

The Court, in judgment No. 26575, establishes that the unrevoked constitution of a civil party is equivalent to a complaint. This principle is fundamental, as it implies that, even in the absence of a formal complaint, the offended party's willingness to prosecute the perpetrator of the offense can be inferred from their constitution as a civil party. The headnote of the judgment reads:

Offense made prosecutable upon complaint by effect of the so-called "Cartabia" reform - Unrevoked constitution of civil party - Equivalence to complaint - Existence - Reasons - Case law. The unrevoked constitution of a civil party is equivalent to a complaint for the purpose of the prosecutability of offenses that Legislative Decree of October 10, 2022, No. 150, has made prosecutable upon complaint, given that the punitive will of the offended party, not requiring specific formulas, can be legitimately inferred even from acts that do not contain its explicit manifestation (Case law concerning a civil party who had not filed their conclusions in the appeal proceedings, concluded after the entry into force of the so-called "Cartabia" reform).

This means that, in situations where the civil party has not formally filed a complaint, their constitution as a civil party can still be considered a manifestation of the willingness to prosecute the perpetrator of the offense.

Conclusions

In conclusion, judgment No. 26575 of 2024 represents an important step forward in understanding the relationship between the constitution of a civil party and a complaint. The decision of the Court of Cassation clarifies that the offended party's willingness to prosecute the offense can also be inferred from acts other than a formal complaint. This approach significantly simplifies the process for victims of offenses, making their participation in criminal proceedings more accessible. It is crucial, however, that the parties involved fully understand the implications of this judgment and seek competent professionals to navigate the complex current legal landscape.