Supreme Court, Order no. 20257/2025: Clarifications on the Appealability of Acquittals in Preliminary Hearings

Criminal procedural law is a constantly evolving field, often characterized by complex rules that require careful interpretation by jurisprudence. The Supreme Court, as the highest judicial body in Italy, has the fundamental task of ensuring the uniform application of the law and resolving interpretative doubts. It is in this context that Order no. 20257 of May 30, 2025, is placed, a ruling that offers essential clarification on appeals, with particular reference to acquittal judgments issued in preliminary hearings. The issue, which arose in the proceedings involving defendant F. D. S. against the Public Prosecutor's Office, concerned the correct interpretation of the appeal regime following recent reforms.

The Context: Preliminary Hearing and Acquittal Judgment

The preliminary hearing is a filtering stage in the Italian criminal proceedings. Its main function is to assess whether the evidence gathered by the Public Prosecutor's Office is sufficient to support the charges in court. If the Judge for the Preliminary Hearing (G.U.P.) believes that there is no evidence to support a charge, or that the act did not occur, does not constitute a crime, or is not punishable, they issue a non-prosecution order, which is, in all respects, an acquittal judgment. Traditionally, these judgments are appealable by the Public Prosecutor's Office, as established by Article 428 of the Code of Criminal Procedure (c.p.p.).

The Legal Issue: Conflict Between Norms and Law no. 114/2024

The interpretative knot addressed by the Supreme Court arose from the amendments introduced by Law no. 114 of August 9, 2024. This legislation amended, among other provisions, Article 593, paragraph 2, of the c.p.p., establishing the non-appealability of judgments concerning offenses for which direct summons to trial is applicable (those listed in Article 550 of the c.p.p.). The question that arose was: does this non-appealability also extend to acquittal judgments issued in preliminary hearings when the offense falls under those subject to direct summons? In other words, did the new provisions of Article 593, paragraph 2, c.p.p. prevail over Article 428 c.p.p.?

The Ruling of Order no. 20257/2025 and Its Significance

The Supreme Court, with Order no. 20257/2025, provided a clear and definitive answer, affirming the following principle:

The regime for appeals against an acquittal judgment issued at the conclusion of the preliminary hearing is governed exclusively by Article 428 of the Code of Criminal Procedure, and the provision of non-appealability established for judgments concerning offenses under Article 550 of the Code of Criminal Procedure, as amended by Law no. 114 of August 9, 2024, does not apply.

This ruling, formulated by President G. Fidelbo and Rapporteur M. Ricciarelli, is of fundamental importance. It clarifies that Article 428 of the c.p.p. constitutes the special and exhaustive provision governing the appealability of acquittal judgments issued in preliminary hearings. Consequently, the non-appealability provision introduced by Law no. 114/2024 for trial judgments concerning offenses subject to direct summons (ex Article 550 c.p.p.) does not extend to or affect the appeal regime for decisions made during the preliminary hearing stage. This means that, even for offenses that could be handled by direct summons, a non-prosecution order remains appealable by the Public Prosecutor's Office.

• **Normative Clarity:** The Order eliminates any interpretative doubt, reiterating the specificity of Article 428 of the c.p.p.
• **Procedural Guarantee:** It maintains the possibility for the prosecution to challenge an acquittal decision deemed unjust in the preliminary phase.
• **Distinction of Stages:** It emphasizes the clear separation and different functions of the procedural stages, each with its own specific appeal regime.

Conclusions: Legal Certainty and Practical Impact

Order no. 20257/2025 of the Supreme Court makes a significant contribution to legal certainty in criminal procedural law. For legal professionals, and particularly for Public Prosecutors and defense attorneys, this ruling is crucial. It confirms that acquittal judgments issued by the G.U.P. are always appealable, regardless of the nature of the offense and the recent amendments to Article 593 of the c.p.p. concerning offenses subject to direct summons. It serves as a reminder of the importance of thoroughly understanding the specific rules governing the different stages of criminal proceedings and their interactions, thereby ensuring the proper protection of the rights and interests involved.