Le impugnazioni agli effetti civili dopo la riforma “Cartabia”: la “nuova” accessorietà dell'azione risarcitoria da reato

[Autom. eng. transl.] Given the paramount objective of speed and efficiency of criminal proceedings, Legislative Decree no. 150/2022 determines the disappearance of the exceptions to the accessory nature of civil action regulated by the articles. 576 and 578 c.p.p., in case of civil appeal by the parties. The consequent choice at the time of appeal to "transfer" the action exercised pursuant to articles to the civil judge, in the face of an appeal or an admissible cassation appeal. 74 c.p.p. and 185 criminal code it exalts the principle of jurisdictional autonomy, creating significant interpretative difficulties regarding the nature and discipline of the "prosecution" process before the natural judge.