Cassation Court: No Damages Awarded in Pre-Trial Hearing for Minor Offense. Ruling No. 30528/2025

The Court of Cassation, with ruling no. 30528 of 2025 (President S. E. V. S., rapporteur M. M. E.), has clarified a crucial point: the possibility for a judge, during the pre-trial hearing, to decide on the civil party's claim for damages when a judgment of non-prosecution is issued due to the minor nature of the offense. This decision overturns a ruling by the Court of Ferrara, outlining the limits of judicial power.

Minor Offense and Pre-Trial Hearing

Article 131-bis of the Criminal Code excludes punishability for offenses of minor gravity. The pre-trial hearing (art. 554-ter of the Code of Criminal Procedure) is a procedural phase aimed at resolving the case in advance, including through a judgment of non-prosecution. Here, the civil party can request damages.

The Cassation Court's Principle: No Immediate Damages Award

The core of the decision is the following principle:

The judge who, at the conclusion of the pre-trial hearing referred to in art. 554-ter of the Code of Criminal Procedure, issues a judgment of non-prosecution for the minor nature of the offense, does not have the power to decide on the claim for restitution and damages submitted by the civil party, as said judgment, not containing any definitive ascertainment of the unlawful act, is not suitable to acquire res judicata effect in civil proceedings.

Ruling no. 30528/2025 establishes that the criminal judge, even when acquitting the defendant (B. S.) for the minor nature of the offense, cannot rule on the civil party's claim for damages. This is because a judgment of non-prosecution for the minor nature of the offense does not include a definitive ascertainment of the unlawful act suitable for establishing "res judicata" in civil proceedings. It does not generate a "procedural truth" binding on the civil judge, unlike judgments of conviction or full acquittal (arts. 651 and 651-bis of the Code of Criminal Procedure).

Implications for the Civil Party

This ruling has direct consequences: if the criminal judge declares non-prosecution due to the minor nature of the offense, the victim will not obtain damages in that forum. To protect their rights, they will have to initiate separate civil proceedings. This implies:

• Extended timelines for compensation.
• Additional legal costs.
• Re-presentation of the evidentiary case in civil court.

It is crucial for the civil party to be aware of this distinction to adopt the most effective legal strategy.

Conclusions

Ruling no. 30528 of 2025 reiterates that for a damages award with res judicata effect in civil proceedings, a definitive ascertainment of the unlawful act is essential. The minor nature of the offense and the pre-trial hearing, while useful for efficiency, cannot prejudice the rights of the civil party without robust ascertainment. Victims will need to turn to the civil judge for full reparation of damages.