L'EFFICACIA DEL GIUDICATO PENALE IN "ALTRI" GIUDIZI CIVILI EX ART. 654 C.P.P. PREMESSE PER UNO STUDIO.

1. – The title of the final dissertation is The limits of the res judicata effect of criminal judgments in “other” civil proceedings according to art. 654 c.p.p. Methodological foundations for a subsequent study. 2. – The research carried out during the doctoral cycle takes its roots in the discipline dedicated to the res judicata effect of the criminal judgement in “other” civil proceedings, as per art. 654 of the Italian code of criminal procedure [hereinafter “c.p.p.”]. The analysis of the law and of the doctrine has led to detect some critical interpretations, in particular in relation to its scope and to the subjective and objective limitations to the res judicata effect of the criminal judgement in subsequent civil proceedings. In addition, the analysis of the edited jurisprudence in relation to the rule in question has led to observe an incoherent application of the said discipline. The analysis of the most relevant doctrine and jurisprudence confirms the numerous interpretative perplexities that involve the discipline set in art. 654 c.p.p., in particular with regard to its divergence from the principles that govern the res judicata according to the traditional doctrine in civil procedural law. The same notes were also the subject of the recent XXXII National Conference of the Italian Association of Civil Procedural Law Scholars on The Statute of the Judge and the Assessment of Facts (Messina, 27-28 September 2019). 3. – At a methodological level, the research has been carried out by elaborating a complete bibliography on each of the main topics dealt with. The essays, the articles and the most relevant jurisprudence have been examined with scientific method in order to obtain a more complete vision of the topics covered by the dissertation. Specific consideration was given to the contribution ZUMPANO, Rapporti tra processo penale e processo civile, Turin, 2000, on the relationship between criminal and civil proceedings. Each issue developed in the dissertation has been addressed with the conceptual and dogmatic instruments of civil procedural law science; they have also been applied to the analysis of issues belonging to criminal procedural law. According to this, the author often found a difficulty in the translation, both terminological and conceptual, of the basic institutions between the two procedural law sciences. 4. – The primary result of the research was to redefine the object of the final work. It regards the logical and legal premises necessary for an analysis of art. 654 c.p.p., to be carried out later in time. In this way, the structure of the final report is divided into three chapters. (1) The introductory premises on the res judicata effect of the criminal judgement in other criminal judgements having the same object (artt. 648 and 649 c.p.p.). (2) The hypothesis of a positive and binding effect of the criminal res judicata in subsequent criminal judgements having a different object. (3) The res judicata effect of the criminal judgement in civil tort and damage judgements (artt. 651-652 c.p.p.) and the relative premises: (i) the right to compensation relating to crimes (art. 185 of the criminal code) and (ii) the damage claim in the criminal proceedings (artt. 74 ff. c.p.p.) and in the civil proceedings. 5. – Considering all the elements, the dissertation deals with some issues that constitute the leitmotiv of the work. They are, first, the typical object of a criminal judgement as a fact. Second, the classification of the notion of crime as a prejudicial element in a technical sense. Third, the definition of the right to compensation for damages related to a crime. Fourth, the scope of application of the discipline dedicated to the damage claim related to a crime. Fifth, the peculiarities of the discipline of the res judicata effect of criminal judgement in civil proceedings in relation to its scope of application and its subjective limitation.