Commentary on Judgment No. 15664 of 2023: Court Costs and Statute of Limitations in Criminal Proceedings

Judgment No. 15664 of 2023 represents an important ruling by the Court of Cassation concerning the delicate issue of legal costs in criminal proceedings, particularly when it comes to appeals against judgments declaring the extinction of the offense due to the statute of limitations. This article aims to analyze the salient points of the decision and clarify the meaning of the resulting legal implications.

The Factual Circumstances and the Role of the Parties

In the case at hand, the defendant, C. Z., had appealed a acquittal judgment for the statute of limitations, requesting a favorable ruling on the merits. The Court declared the appeal inadmissible, highlighting that in criminal proceedings, the burden of judicial costs for the civil party is linked to losing the case. This means that if the defendant loses the appeal, they will be required to reimburse the legal costs incurred by the civil party.

• Statute of limitations for the offense and possibility of appeal.
• Role of the civil party in the appeal proceedings.
• Interest in the reimbursement of costs in case of losing the case.

The Principle of Losing the Case and Judicial Costs

Appeal by the defendant against the judgment declaring the extinction of the offense due to the statute of limitations - Losing the case - Civil party - Costs of the appeal proceedings - Assessment - Criteria - Factual circumstances. In criminal proceedings, the burden of reimbursing the judicial costs incurred by the civil party is linked to losing the case, which, in appeal proceedings, must be assessed with reference to the appeal and the related interest of the victim of the offense in asserting their rights against the grounds raised by the defendant. Therefore, where the defendant has an interest in appealing the judgment declaring the extinction of the offense due to the statute of limitations, even when there has been no waiver of it, the civil party also has an interest in resisting the proceedings and in the reimbursement of costs in case of the appellant losing the case. (Factual circumstances in which the defendant had appealed the decision of acquittal for the statute of limitations issued in the first instance, requesting, in the appeal document, the adoption of a judgment of acquittal on the merits, for which reason it was intended to have effect in civil proceedings pursuant to Article 652 of the Code of Criminal Procedure).

This maxim implies that, if the defendant decides to appeal a judgment of acquittal for the statute of limitations, the civil party has the right to resist and to request reimbursement of legal costs if the defendant's appeal is unsuccessful. This principle is fundamental to ensuring that parties harmed by the offense can exercise their rights without fear of incurring costs in the event the defendant loses the case.

Conclusions

In summary, Judgment No. 15664 of 2023 provides important clarifications regarding the management of legal costs in criminal proceedings, emphasizing the principle of losing the case and the right of the civil party to be reimbursed in the event of an unfavorable outcome for the defendant. This decision highlights the importance of ensuring a balance between the rights of the parties and the need for a fair and just process. The clarity provided by the Court regarding these dynamics is a step forward towards more accessible and understandable justice for all.