the role of crime victim’s in criminal proceedings in order to obtain the compensation for “non pecuniary loss” - le rôle de la victime d’actes criminel dans le procès pénal aux fins du dédommagement non patrimonial - il ruolo della vittima del reato nel procedimento penale ai fini del risarcimento del danno non patrimoniale

Abstract

In criminal proceedings, the victim of the crime plays a central role as he may check and solicit the public prosecutor in exercising the criminal action and he can exercise himself a civil action within the criminal proceedings. The role of the crime victim is now even more important as the recent rulings of the Italian Supreme Court of November 11, 2008, have broadened the object of the proof that the plaintiff has to allege in order to determine the damage, which cannot be deemed to be in re ipsa in the very fact of the commission of the criminal offence, but has to be actually proved by the damaged person, even if by natural presumption.