Dr. GG, originally from Palermo, then an employee of the Sicilian Region, in 2016 was appointed member of the Board of Auditors of the Center for permanent training and updating of health service personnel.
In 2019, the Director of CEFPAS filed a complaint with the Public Prosecutor’s Office of Caltanissetta against the members of the Board of Auditors, including Dr. GG, assuming the illegitimacy of the expense reimbursements requested by the CEFPAS Auditors due to the function performed.
Following the aforementioned complaint, a criminal proceeding was initiated against the members of the Board of Auditors of CEFPAS which was defined by the Judge for Preliminary Investigations at the Court of Caltanissetta, who, noting the unfoundedness of the crime report, issued a dismissal order.
At this point, Dr. GG, having been acquitted with a largely acquittal formula and due to the fact that the criminal proceedings in question had arisen from facts attributable to the function of Auditor of CEFPAS (instrumental body of the Sicilian Region) requested CEFPAS itself, by virtue of specific regional legislation, the reimbursement of legal expenses incurred for the defense in the context of said criminal proceedings.
This request, however, was denied by the director of CEFPAS, who assumed that the expenses incurred by the auditor were non-reimbursable, considering the conditions for reimbursement to be non-existent and also contesting the quantification of the requested reimbursement.
After having attempted mediation, which also proved unsuccessful given CEFPAS’ refusal to participate in the mediation, Dr. GG with the patronage of the lawyers Girolamo Rubino and Daniele Piazza, initiated before the competent Court of Caltanissetta a simplified procedure introduced following the Cartabia reform, in order to obtain recognition of the right to reimbursement of legal expenses incurred in the context of the aforementioned criminal proceedings, as well as sentencing CEFPAS to pay the aforementioned costs.
In support of the action brought, the lawyers Rubino and Piazza highlighted that, pursuant to art. 39 of LR 145/80 and art. 24 of LR 30/2000, to all subjects, including public administrators, who as a consequence of facts and acts connected to the performance of the service and official duties have been subjected to civil, criminal and administrative liability proceedings and have been declared exempt from liability, legal assistance is ensured, in every state and level of the judgement, therefore, the request for reimbursement formulated by Dr. GG should have been considered fully founded.
In particular, the lawyers Rubino and Piazza deduced in court how, in the present case, all the conditions required by the relevant legislation had to be considered to exist in order to be able to grant their client the requested benefit, that is: 1) it had been unjustly agreed in judgment for facts related to the function of member of the Board of Auditors of CEFPAS; 2) he had been fully acquitted in the criminal proceedings in question.
Furthermore, the aforementioned defenders, contrary to what was claimed by the director of CEFPAS, also note that the quantification of the reimbursement of procedural costs was compliant with the current legal tariffs.
Well, with a ruling dated 7 June 2024, the Civil Court of Caltanissetta, fully sharing the defense arguments supported by the lawyers Rubino and Piazza, accepted the appeal, and as a result, declared Dr. GG’s right to reimbursement of the legal costs incurred in the criminal proceedings.
Therefore, as a result of the aforementioned ruling, CEFPAS was condemned to pay both the sums due as reimbursement of legal expenses of the aforementioned criminal proceedings, and the judicial costs of the proceedings carried out before the Civil Court of Caltanissetta.
