Judgment no. 45002 of 2024: Inadmissibility of statements made in civil mediation in criminal proceedings

Judgment no. 45002 of October 29, 2024, by the Court of Cassation addresses a crucial issue in the field of law, namely the inadmissibility of statements made during civil mediation within criminal proceedings. This decision, issued by President Grazia Rosa Anna Miccoli and Rapporteur Francesco Cananzi, offers important food for thought for both legal professionals and citizens involved in legal matters.

The legal context of the judgment

The case under examination arose from a dispute involving the defendant F. P. M. and led to the question of the admissibility of statements made during the mediation procedure. The Court clarified that the inadmissibility of statements does not extend to criminal proceedings but applies exclusively to civil and commercial judgments following mediation. This principle is based on Article 194 of the Code of Criminal Procedure and Articles 2 and 10 of Legislative Decree no. 28 of March 4, 2010, which regulate mediation matters.

The principle of inadmissibility

Statements made within the scope of civil mediation proceedings - Inadmissibility in criminal proceedings - Exclusion - Case. The inadmissibility of statements made or information acquired during civil mediation proceedings does not concern criminal proceedings, but only the judgment following mediation, relating to the civil and commercial dispute. (In application of the principle, the Court found the appealed decision, which deemed admissible the testimony given regarding threats made by the defendant during mediation, to be free from censure).

The above maxim highlights a fundamental aspect of the Italian legal system: statements made during mediation, although protected by a regime of inadmissibility for civil disputes, can instead be used in criminal proceedings. This clearly distinguishes the two spheres and underscores the importance of ensuring procedural truth, especially when dealing with offenses that can have significant criminal consequences.

Practical implications

The implications of this judgment are numerous and of great importance:

• Awareness for professionals: Lawyers and mediators must be aware that, although statements made in mediation may not be admissible in civil proceedings, they may still have value in a criminal context.
• Respect for privacy: The judgment prompts reflection on the importance of privacy and confidentiality in mediation procedures, which must be managed with care.
• Regulatory clarity: The Court's decision offers greater regulatory clarity for future cases, helping to delineate the boundaries between civil mediation and criminal proceedings.