The figure of the civil party in criminal proceedings represents an essential element for the protection of the rights of those who have suffered damage as a result of a crime. In this context, the criminal lawyer plays a decisive role in supporting the client during the procedural phases, ensuring that the rights of the civil party are adequately defended and represented.
In the Italian legal system, the civil party is the subject who, having suffered damage from the crime, intervenes in the criminal proceedings to obtain compensation for the damages. This intervention is regulated by Articles 74 and following of the Code of Criminal Procedure. The criminal lawyer, in this context, is tasked with formulating the request for the constitution of the civil party, demonstrating the causal link between the crime and the damage suffered.
A key concept regarding the civil party in criminal proceedings is the principle of immanence. This principle establishes that the civil action exercised in the criminal proceedings is subordinate to the developments of the proceedings themselves. In other words, if the criminal proceedings are extinguished for any reason, the civil action can no longer be pursued in that venue. Therefore, the criminal lawyer must be skilled in navigating procedural complexities and evaluating potential alternative strategies for the client.
To constitute as a civil party, it is necessary to present a formal declaration, assisted by a criminal lawyer, which can occur at the preliminary hearing or during the trial. The declaration must contain the indication of the crime and the damage suffered, as well as the request for compensation. It is essential that the criminal lawyer accurately prepares the necessary documentation to avoid nullity exceptions that could compromise the compensation action.
Becoming a civil party in a criminal proceeding is an important and complex step that requires careful legal and strategic evaluation. If you have suffered damage due to a crime, contact the Bianucci Law Firm. Our criminal lawyers are at your disposal to provide personalized advice and guide you through the phases of the criminal process.