Is the procedural indemnity automatically included in the judgment?

Yes — Article 1022 of the Judicial Code makes it owed by operation of law to the prevailing party.

Article 1022 of the Judicial Code provides that the procedural indemnity is owed by operation of law to the prevailing party as soon as a judgment is rendered in their favour. The judge awards it automatically unless the law or specific circumstances exclude it.

Neither party needs to explicitly request the procedural indemnity. However, it is common practice to mention it in the written conclusions so that its amount can be debated and any relevant factors (such as the financial situation of the losing party, the complexity of the case, or a contractually agreed attorney fee) can be brought to the judge's attention before the judgment is rendered.

If the procedural indemnity is not mentioned in the conclusions, the judge will still award it, but typically at the base amount without any specific reasoning.