Commentary on Judgment No. 21869 of 2023: The Civil Party's Interest in Reclassifying the Offense

Judgment No. 21869 of 2023 by the Court of Cassation offers important insights into the role of the civil party in the context of the legal reclassification of offenses. In particular, the Court ruled on the civil party's interest in appealing a decision to reclassify the crime of wilful murder (omicidio preterintenzionale) as aggravated brawling (rissa aggravata), an aspect with significant implications for the quantification of moral and biological damages.

The Case Analyzed

In the case at hand, the Court of Assizes of Appeal of Milan had declared the civil party's appeal inadmissible, arguing that the necessary conditions for proceeding were lacking. However, the Court of Cassation overturned this decision, establishing that the civil party's interest exists even in the absence of a formal and specific claim regarding the legal qualification of the act.

Implications of Reclassification

Reclassification of the crime of wilful murder into aggravated brawling – Civil party's interest in appealing – Existence – Civil party's burden of formal and specific claim – Exclusion – Reasons. The civil party's interest exists in appealing the legal reclassification of the crime of wilful murder into aggravated brawling due to injuries to the involved subject, who subsequently died without the death being causally linked to the criminal conduct. This is because, even in the absence of any formal and specific claim by the civil party of a concrete interest in a different legal qualification of the act, the latter inevitably affects the quantification of moral damages or biological damages already recognized.

This passage is crucial for understanding the dynamics between the defendant and the civil party in a criminal case. The Court emphasized that the reclassification of the offense can significantly influence the assessment of the damage suffered by the victim or their family members, highlighting the importance of considering the civil party's interest in these circumstances.

Legal and Jurisprudential References

The judgment refers to various articles of the Criminal Code and the Code of Criminal Procedure, including:

• Cod. Pen. art. 61 para. 1 no. 11
• Cod. Pen. art. 584
• New Cod. Proc. Pen. art. 521
• New Cod. Proc. Pen. art. 568
• New Cod. Proc. Pen. art. 576

These legal references are fundamental to understanding the legislative framework within which the Court's decision is situated, confirming the need to protect the rights of the civil party at every stage of the proceedings.

Conclusions

Judgment No. 21869 of 2023 represents an important affirmation regarding the position of the civil party in criminal proceedings. It reiterates that the interest in appealing is not subject to bureaucratic formalities but is instead intrinsically linked to the impact that the reclassification of the offense has on the quantification of damages. This principle could have a significant impact on the legal strategy of the parties involved, emphasizing the importance of a correct assessment of damages and respect for victims' rights.