Cassation Court dismisses appeal on excessive length of trial, ruling procedural law applies at claim filing time.
Sintesi Legislator
Generato dall'IAThe Court of Cassation rejected the appeal filed by three individuals against a lower court's refusal of an excessive length of proceedings indemnity. The applicants argued that a new law should apply retroactively because the criminal case had ended in prescription, whereas the lower court correctly applied the principle that the law in force at the time of the claim governs. The court upheld this decision, confirming that the statutory provision excludes prejudice for prescribed cases unless the applicant proves the delay was caused by their own conduct.
Regesto Legislator
Generato dall'IAArt. 2, comma 2 sexies, lett. a), I. n. 89/2001; Art. 11 disp. att. c.c.: The rule excluding prejudice for prescribed criminal proceedings applies to the moment the claim for equitable compensation is filed, as the new legislative regime operates as ius superveniens.