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What are the differences between complaint and lawsuit?
The complaint, forwarded by the Public Official or by the private entity, is one of the instruments with which the Public Prosecutor or the judicial police are informed of a case that can be considered illicit (articles 331 and following of the Italian Civil Code).
Private individuals are also recognized the possibility of making an oral complaint (article 333 c.p.p.). In the hypothesis of denunciation, the procedure begins ex officio, that is regardless of the intercession of the injured party.
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On the contrary, for the proceeding concerning some specific offenses, the law requires another requirement (so-called procedural requirement) that is often constituted in the known lawsuit (for example, for offenses consisting of injuries, blows, outrage, slander, etc.) .
The lawsuit is the demonstration of the intention of the injured party to proceed with regard to a particular offense (articles 336 and following of the Italian Civil Code).
The lawsuit can be presented orally (and in such a case a written report is compiled by the body to which it is presented) and there is also the possibility to withdraw it (if already submitted) or to refuse it (in the event that it is not still been forwarded).
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The legislation also states that the lawsuit must be submitted within the three-month limitation period.
Which deadlines must be taken into account to file a lawsuit?
Article. 124 p.p. establishes that the lawsuit is forwarded within the limit of three months from the knowledge of the case identifiable as illegal.
The jurisprudential doctrine has specified that this limit comes into force from the actual awareness of the case by the injured party, also with regards to its illegal character and to the identification of the person responsible. It is possible, for example, to be aware of the fact that a certain circumstance has taken place, but not to know the factors to assess it as illegal, or it must take time to carry out investigations in order to identify the person responsible for unlawful.
In these hypotheses the limit will start to elapse since the objective and individual situation will be clear, regardless of the moment in which the offense occurred.
Moreover, the obligation to provide proof that the lawsuit has been forwarded does not quickly fall on those who need to count well the deadline, and the possible insecurity must be intended for the benefit of those who lodge a lawsuit.
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How can the damage caused by an offense be identifiable?
If one is injured by the crime, two ways are possible to obtain compensation. The main option is to establish itself as a civil party in the criminal trial.
The provision for the institution of a civil party involves the introduction of a request for reimbursement of a private nature in the criminal proceedings, annexing a discretionary part to the proceedings (the criminal procedure, in fact provides only the State as the main participants, symbolized by the Public Prosecutor , and the accused).
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With the procedure of institution of a civil party, the party injured by the tort, not only can ask for reimbursement for damage, but can also intervene in the trial by exposing documents, further evidence, representations and opinions.
Another possibility different from the institution of a civil party in the criminal trial, consists in the victim s initiation of the unlawful act of an ascertainment process for ascertainment from illegitimate action (negotiation or extraneously) before the civil judicial body, furthermore, the conclusion of which will be released from the criminal trial, except in the case in which, during the civil procedure initiation phase, at the criminal level no first level judgment has already been issued or the establishment of a civil party has already taken place (in this hypothesis, reserved for cancellation, Article 82 of the Code of Criminal Procedure).
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Establishing these two methods, the legislative body intended to affirm the autonomy of criminal judgment in order to that of civil or administrative type (except for the cases of exclusive foreclosure of the civil court with respect to the penalty concerning disputes on issues related to the condition of citizen and family status, Article 3 of the Code of Criminal Procedure).
In the case of a civil sentence, the repayment requested must also take into account the ethical damage (ie not related to assets), generally left aside in requests that do not concern cases that can be considered illicit.