Judgment No. 16083 of 2023: Damages Compensation and Probationary Suspension

The recent judgment No. 16083 of March 17, 2023, by the Court of Cassation offers significant food for thought regarding the suspension of proceedings with probationary measures and damages compensation. The Court reiterated the importance of adequate compensation, which must correspond to the prejudice suffered by the victim and consider the defendant's economic conditions.

Context of the Judgment

The judgment in question refers to a case of electricity theft, in which the defendant, N. A., had requested the suspension of proceedings with probationary measures. The Court examined the compensation proposal submitted by the defendant, highlighting how it was not congruent with his economic capacity. According to the Court, compensation must be proportionate to the prejudice caused to the victim, but also to the defendant's economic situation.

Request for suspension with probationary measures - Damages compensation - Correspondence to the prejudice caused to the victim "where possible," or, alternatively, to the defendant's economic conditions - Judge's investigative powers pursuant to art. 464-bis, paragraph 5, Code of Criminal Procedure - Exercise - Conditions - Factual circumstances. In the context of suspension of proceedings with probationary measures, damages compensation must correspond to the financial prejudice caused to the victim, "where possible," or, in any case, to the maximum effort exigible from the defendant in light of his economic conditions. Therefore, if there are matters requiring further investigation, the judge must exercise his investigative powers pursuant to art. 464-bis, paragraph 5, Code of Criminal Procedure. Otherwise, the judge is only required to account for the reasoning followed. (Factual circumstances relating to electricity theft, in which the Court deemed the offered compensation inadequate, without censure, as, based on the available data, the proposal was inconsistent with the defendant's economic capacity, inferred, among other things, from the value of the instrumental assets and the capital invested by him in his business activity).

Implications of the Judgment

This judgment underscores the active role of the judge in evaluating and verifying compensation proposals. In particular, Article 464-bis, paragraph 5, of the Code of Criminal Procedure grants the judge investigative powers that must be exercised when there are elements to be further investigated. This approach aims to ensure that compensation not only meets the victim's needs but also respects the defendant's economic capabilities.

• Compensation must be adequate with respect to the damage suffered by the victim.
• The judge must assess the defendant's economic conditions.
• It is crucial that the compensation is not inadequate with respect to the defendant's financial reality.

Conclusions

In summary, judgment No. 16083 of 2023 offers an important clarification on the issue of damages compensation in relation to the suspension of proceedings with probationary measures. It emphasizes the need for careful and reasoned evaluation by the judge, who must ensure a balance between the compensation due to the victim and the defendant's economic possibilities. This approach not only protects victims but also contributes to social justice, preventing inadequate compensation from further compromising the defendant's economic position.