Supreme Court Ruling No. 20143/2025: Acquittal Rulings by the Public Prosecutor are Not Appealable, Even in Summary Proceedings

Criminal procedural law is constantly redefined by significant judicial pronouncements. One such ruling is judgment no. 20143 of April 23, 2025 (filed on May 29, 2025) by the Supreme Court of Cassation, which has clarified crucial aspects of criminal appeals. Presided over by Dr. G. V. and reported by Dr. G. N., this decision falls within the context of recent legislative amendments, particularly those introduced by Law August 9, 2024, no. 114, directly influencing the Public Prosecutor's powers of appeal.

Legislative Innovations and the Interpretative Issue

Law no. 114/2024, through art. 2, paragraph 1, letter p), amended art. 593, paragraph 2, first period, of the Code of Criminal Procedure. This reform established that acquittals for offenses for which direct summons to trial is provided are not appealable by the Public Prosecutor. The objective is clear: to streamline proceedings for less serious offenses, reducing the workload of the Courts of Appeal. However, a fundamental interpretative question arose: did this limitation also extend to acquittals issued following summary proceedings, or was it confined solely to judgments rendered in the ordinary trial?

The Supreme Court's Response: Ruling No. 20143/2025

The Supreme Court of Cassation resolved this question with ruling no. 20143 of 2025, in the case of P. M. T. versus L. M., providing a clear interpretation and consolidating the restrictive approach regarding the Public Prosecutor's appeal powers. The Court of Turin had previously issued a decision that was annulled with referral, highlighting the need for clarification from the Supreme Court.

In matters of appeals, acquittals for offenses for which direct summons to trial is provided, following the amendment of art. 593, paragraph 2, first period, of the Code of Criminal Procedure, by art. 2, paragraph 1, letter p), of Law August 9, 2024, no. 114, are not appealable by the public prosecutor, even if they result from summary proceedings, as the aforementioned provision does not limit non-appealability solely to acquittals pronounced in the ordinary trial.

This maxim is of paramount importance. The Supreme Court has established that the non-appealability by the Public Prosecutor does not depend on the procedural route (ordinary or summary), but exclusively on the nature of the offense, i.e., whether it falls among those for which direct summons to trial is provided. Therefore, an acquittal for an offense requiring direct summons will not be appealable by the Public Prosecutor, regardless of whether it was pronounced in the ordinary trial or in summary proceedings. This interpretation is faithful to the literal wording of the provision and reinforces the objective of procedural streamlining and speed desired by the legislator.

Practical Implications of the Decision

The consequences of this ruling are significant for all legal professionals:

• For the Public Prosecutor: A restriction of appeal avenues for acquittals in specific cases is confirmed, requiring an even more careful assessment of charges from the preliminary stages.
• For the Defendants: The ruling enhances legal certainty. An acquittal for an offense requiring direct summons, whether in the ordinary trial or summary proceedings, is now more stable, reducing the risk of an appeal by the prosecution.
• For the Judicial System: It contributes to greater efficiency and speed in proceedings, in line with the objectives of modernizing and streamlining the criminal justice system, focusing resources on more complex cases.

This decision balances procedural speed with defense guarantees, a cornerstone principle of criminal law.

Conclusions: Towards a More Effective Criminal Process

Ruling no. 20143 of 2025 by the Supreme Court of Cassation represents a firm point in the interpretation of the amended art. 593, paragraph 2, of the Code of Criminal Procedure. By dispelling any doubt on the applicability of the non-appealability of acquittals for offenses requiring direct summons, even to summary proceedings, the Supreme Court provides clarity to legal professionals and reinforces the principles of speed and procedural deflation. For a Law Firm, staying updated on such jurisprudential developments is essential to offer the best legal assistance.