Judgment no. 27466 of 2024: Withdrawal of a criminal complaint in civil proceedings does not apply to criminal proceedings

Judgment no. 27466 of 2024, issued by the Court of Cassation, represents an important clarification regarding the withdrawal of a criminal complaint. In particular, the Court has established that the undertaking made by the complainant in civil proceedings to withdraw the complaint is not equivalent to a definitive will valid in criminal proceedings, thus excluding the possibility of considering such an undertaking as a tacit manifestation of withdrawal.

The legal context of the judgment

In Italian criminal law, the withdrawal of a criminal complaint is a fundamental act that can influence the course of criminal proceedings. It is governed by Article 152 of the Criminal Code, which establishes that a criminal complaint can be withdrawn by the complainant, thereby leading to the extinction of the crime. However, this act must be carried out in appropriate form and manner in order to produce effects.

The importance of distinguishing between legal spheres

The Court of Cassation has highlighted the difference between civil and criminal proceedings, clarifying that an undertaking to withdraw a criminal complaint made in civil proceedings cannot have automatic consequences in criminal proceedings. This principle is of fundamental importance for ensuring legal certainty and the separation of different legal spheres. In a context where a criminal complaint has been filed for an offense requiring a complaint, the complainant must formalize their intention to withdraw clearly and directly, following the procedures provided for in criminal proceedings.

Undertaking to withdraw a criminal complaint made by the complainant in civil proceedings - Tacit withdrawal - Exclusion. The undertaking, made in civil proceedings, by the complainant to withdraw the criminal complaint is not equivalent to a definitive will valid in criminal proceedings and cannot, therefore, be considered as a tacit manifestation of withdrawal.

The above maxim highlights a key principle: the absence of a link between the two proceedings. Therefore, if a complainant decides to take civil action to obtain compensation, this does not automatically affect their position in criminal proceedings.

Conclusions

Judgment no. 27466 of 2024 emphasizes the need for a clear intention on the part of the complainant when it comes to withdrawing a criminal complaint in criminal matters. This decision not only clarifies the legal framework but also serves to protect the rights of the parties involved, avoiding misunderstandings and misinterpretations that could arise from undertakings made in different contexts. Ultimately, the judgment reinforces the importance of following the correct procedures in each legal sphere, thereby ensuring fairer and more transparent justice.