The institute of 'Parte Civile' : a sidelined injured party in criminal proceedings

Abstract

The configuration of the institute of parte civile is of no recent origin. The earliest documented references of the injured party's intervention in the legal process show that private initiative was the only effective means of pursuing justice. In later history, State authorities came to have a monopoly on meting out punishment to offenders, thereby excluding the influence of the injured party in criminal proceedings. In France the role of the injured party in criminal proceedings had its significance revived through the course of time. Indeed, French criminal procedure is responsible for introducing the institute in the form in which it stands to be applied to this very day. Admittedly, the institute was subject to an intense evolutionary process both in Italy and France. An attempt has therefore been made to identify the most salient features of the unequal position enjoyed by the parte civile in these jurisdictions.