Cass. civ., Order no. 15296 of 2024: Civil liability and slander
The recent order of the Court of Cassation, no. 15296 of 2024, offers important food for thought on the relationship between civil and criminal liability in cases of unfounded complaints. The decision intervenes in a dispute between C.C., acquitted of charges of slander and defamation, and the plaintiffs A.A. and B.B., ordered to compensate him. This is an emblematic case that highlights the rights and duties of those who resort to justice.
Context of the ruling
The case originates from a ruling by the Court of Barcellona Pozzo di Gotto, which acquitted C.C. with the formula "because the act does not constitute a crime". Subsequently, C.C. sued A.A. and B.B. to claim damages, arguing that the complaints were slanderous. The Court of Appeal of Messina partially upheld C.C.'s appeal, ordering the plaintiffs to pay compensation of 10,000 euros plus interest and legal costs.
Relevant legal principles
The Court clarified some fundamental points:
- The criminal acquittal does not have res judicata effect in the civil compensation proceedings, unless it states that the fact did not occur.
- The civil judge has the freedom to assess evidence and can consider the acts of the criminal proceedings as indications for the decision.
- It is possible to claim compensation for slander even in the absence of a definitive criminal judgment, provided that the constituent elements of the tort are present.
Liability for slander occurs when the complaint is filed with intent, i.e., with awareness of the falsity of the reported facts.
Conclusions
The Cassation ruling no. 15296 of 2024 represents an important reference point for civil and criminal law. It clearly establishes that the burden of proof in cases of slander falls on the complainant, and that the absence of a criminal conviction does not preclude the possibility of obtaining compensation. This jurisprudential trend emphasizes the protection of the rights of those who suffer unjustified complaints, highlighting the importance of responsible use of criminal complaints.
