The courts have therefore rejected the plea that the only judgments irrevocable pursuant to article . 2947 , third paragraph of the Civil Code would be those of a conviction, because " this is contrary to the letter of the law , which refers generically to all convictions irrevocable ( with the exception of those who say they should not be prosecuted for the crime is prescription - art. 529 cpp ) , making start of the period of limitation from the date on which the judgment has become final . " And in accordance with art . 648 Code of Criminal Procedure , paragraph 1, are irrevocable judgment rendered in court, against which no appeal shall lie than the auditing . Consequently, the irrevocability of a criminal judgment is not dependent on the content , but derives only from the fact that it has been pronounced in court and is not actionable, so the quality of irrevocability of criminal judgments of conviction involves both those who acquittal ( Article . cpp 529 acquittals and art . 530 cpp , acquittals ) .

In another passage explaining the judges : " The effectiveness of the criminal judgment of acquittal in the civil action for damages is governed by art . 652 Code of Criminal Procedure ; under Articles . 652 and 654 Code of Criminal Procedure the criminal judgment of acquittal ( respectively in the ' sphere of the civil proceedings for damages - in the case of Art . 652 cpp - and in the context of other civil lawsuits in the event of art. 654 cpp ) has preclusive effect in the judgment civil and effective only when it contains a specific assessment concerning the non-existence or the fact or the participation of the accused, and not even when the acquittal is determined by different declaration of non sufficient evidence as to the commission of the offense or the ' attribuibilità of it and that is when the acquittal to the accused have been convicted under Article . Cpp 530 , paragraph 2 (Court of Cassation no. 20325/2006 , Cass . 17401/2004 ) . "

" Also - clarifies the Court - the assessment contained in an irrevocable penal sentence of acquittal pronounced because the offense is not no enforceability, pursuant to art. 652 Code of Criminal Procedure , in the civil action for damages, in which, in this case, for the judge is empowered to determine independently , with full knowledge , the facts alleged in court, and to arrive at solutions and qualifications not tied to outcome; criminal . "

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Source: Il Sole 24 Ore   Click to listen highlighted text! Court of Appeal - Criminal Section VI - Order of 13 November 2013 n. 25538 On limitation of compensation for damage caused by vehicles, the application of the second part of the third paragraph of Art. 2947 c.c., namely the limitation of five years, and not the longer one provided for in cases where the conduct constitutes an offense, requires that it should not be of any criminal sentence but only to judgments that do not declare the extinction of the offense for prescription andat is, judgments of conviction or acquittal for reasons other than the above-mentioned species. This was established by the Supreme Court in its judgment 25538/2013. The courts have therefore rejected the plea that the only judgments irrevocable pursuant to article . 2947 , third paragraph of the Civil Code would be those of a conviction, because this is contrary to the letter of the law , which refers generically to all convictions irrevocable ( with the exception of those who say they should not be prosecuted for the crime is prescription - art. 529 cpp ) , making start of the period of limitation from the date on which the judgment has become final . And in accordance with art . 648 Code of Criminal Procedure , paragraph 1, are irrevocable judgment rendered in court, against which no appeal shall lie than the auditing . Consequently, the irrevocability of a criminal judgment is not dependent on the content , but derives only from the fact that it has been pronounced in court and is not actionable, so the quality of irrevocability of criminal judgments of conviction involves both those who acquittal ( Article . cpp 529 acquittals and art . 530 cpp , acquittals ) . In another passage explaining the judges : The effectiveness of the criminal judgment of acquittal in the civil action for damages is governed by art . 652 Code of Criminal Procedure ; under Articles . 652 and 654 Code of Criminal Procedure the criminal judgment of acquittal ( respectively in the sphere of the civil proceedings for damages - in the case of Art . 652 cpp - and in the context of other civil lawsuits in the event of art. 654 cpp ) has preclusive effect in the judgment civil and effective only when it contains a specific assessment concerning the non-existence or the fact or the participation of the accused, and not even when the acquittal is determined by different declaration of non sufficient evidence as to the commission of the offense or the attribuibilità of it and that is when the acquittal to the accused have been convicted under Article . Cpp 530 , paragraph 2 (Court of Cassation no. 20325/2006 , Cass . 17401/2004 ) . Also - clarifies the Court - the assessment contained in an irrevocable penal sentence of acquittal pronounced because the offense is not no enforceability, pursuant to art. 652 Code of Criminal Procedure , in the civil action for damages, in which, in this case, for the judge is empowered to determine independently , with full knowledge , the facts alleged in court, and to arrive at solutions and qualifications not tied to outcome; criminal .   Attachment   Source: Il Sole 24 Ore