This is to provide some more information on how civil cases interact with criminal cases in Itay.
The CPP (Italian Code of Criminal Procedure) deals with Civil issues for the Civil Party affected by a crime in Book I, Title V, Civil Party, Person with Civil Liability for damages and person with Civil Liability for financial penalties.
Articles within Book I, Title V are CPP Articles 74 through 89. Articles 74 and 75 seem of particular relevance.
CPP Article 74 Entitlement to civil action
1. The person who suffers harm as a result of the offense or his heirs may bring a civil action before the judge in the criminal proceedings for restitution and compensation for damage as referred to in Article 185 of the Criminal Code against the accused and the person with civil liability for damages.
CPP Article 75 Relations between civil action and criminal prosecution
1. A civil action brought before the civil judge may be transferred to criminal proceedings if, in the civil court, a judgment on the merits of the case has not been issued, even if the judgment has not become final. The exercise of this right shall entail the waiver of the acts of the civil trial; the criminal judge shall also decide on the costs of civil proceedings.
2. The civil action shall be carried out in civil court if it is not transferred to criminal proceedings or if it was initiated when it was no longer possible to join the criminal proceedings as a civil party.
3. If the action is brought against the accused in a civil court after joining the criminal proceedings as a civil party or after a judgment of first instance is issued, civil proceedings shall be suspended until the delivery of a final criminal judgment, without prejudice to the exceptions provided for by law.
The above articles appear to mean that the civil party can't have a civil trial against the accused in a civil court while also pursuing the civil case in the criminal court, and that the civil case in the criminal court would take precedence until the final judgment of the criminal proceedings is delivered.
Once the final judgment of the criminal proceedings is delivered, in the case of a final acquittal, the provisions of CPP Articles 652 and 654 would appear to take effect: the final acquittal has binding effect on the civil action, for damages as long as the specification of the acquittal was "the accused did not commit the act" (or some of the other specifications) [Article 652] and no new civil action could be started for any final acquittal or final conviction [Article 654], as long as the civil action had been joined to the criminal proceedings.
The only way around these provisions would seem to be if the civil action is never joined to the criminal proceedings. However, in the Knox - Sollecito case, the Kerchers and others did join their civil actions to the criminal proceedings. So, according to the provisions of the CPP, no new civil action against Knox or Sollecito for any alleged act covered by the final judgments of the courts is possible.
The CPP (Italian Code of Criminal Procedure) deals with Civil issues for the Civil Party affected by a crime in Book I, Title V, Civil Party, Person with Civil Liability for damages and person with Civil Liability for financial penalties.
Articles within Book I, Title V are CPP Articles 74 through 89. Articles 74 and 75 seem of particular relevance.
CPP Article 74 Entitlement to civil action
1. The person who suffers harm as a result of the offense or his heirs may bring a civil action before the judge in the criminal proceedings for restitution and compensation for damage as referred to in Article 185 of the Criminal Code against the accused and the person with civil liability for damages.
CPP Article 75 Relations between civil action and criminal prosecution
1. A civil action brought before the civil judge may be transferred to criminal proceedings if, in the civil court, a judgment on the merits of the case has not been issued, even if the judgment has not become final. The exercise of this right shall entail the waiver of the acts of the civil trial; the criminal judge shall also decide on the costs of civil proceedings.
2. The civil action shall be carried out in civil court if it is not transferred to criminal proceedings or if it was initiated when it was no longer possible to join the criminal proceedings as a civil party.
3. If the action is brought against the accused in a civil court after joining the criminal proceedings as a civil party or after a judgment of first instance is issued, civil proceedings shall be suspended until the delivery of a final criminal judgment, without prejudice to the exceptions provided for by law.
The above articles appear to mean that the civil party can't have a civil trial against the accused in a civil court while also pursuing the civil case in the criminal court, and that the civil case in the criminal court would take precedence until the final judgment of the criminal proceedings is delivered.
Once the final judgment of the criminal proceedings is delivered, in the case of a final acquittal, the provisions of CPP Articles 652 and 654 would appear to take effect: the final acquittal has binding effect on the civil action, for damages as long as the specification of the acquittal was "the accused did not commit the act" (or some of the other specifications) [Article 652] and no new civil action could be started for any final acquittal or final conviction [Article 654], as long as the civil action had been joined to the criminal proceedings.
The only way around these provisions would seem to be if the civil action is never joined to the criminal proceedings. However, in the Knox - Sollecito case, the Kerchers and others did join their civil actions to the criminal proceedings. So, according to the provisions of the CPP, no new civil action against Knox or Sollecito for any alleged act covered by the final judgments of the courts is possible.
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