Cassation Court Redefines Prosecutor's Appeal: Judgment No. 174493 of 2025 and New Rules on Criminal Appeals

The landscape of Italian criminal procedural law is constantly evolving, and the rulings of the Court of Cassation represent fundamental milestones for understanding the application of norms. Recently, Judgment No. 174493, filed on May 8, 2025 (hearing of April 16, 2025), provided a crucial interpretation regarding the Public Prosecutor's powers of appeal, particularly following the amendments introduced by Law No. 114 of 2024. This decision is not a simple clarification, but a true turning point that redefines procedural balances and deserves careful analysis.

Reform of the Code of Criminal Procedure and Article 593, Paragraph 2

The heart of the matter lies in the amendment of Article 593, paragraph 2, of the Code of Criminal Procedure, carried out by Article 2, paragraph 1, letter p), of Law No. 114 of August 9, 2024. This legislative amendment, which came into force on August 25, 2024, had a direct and significant impact on the Public Prosecutor's appeal options. Previously, the Prosecutor's appeal powers against acquittal judgments were subject to stricter limitations, often confined to specific defects and not to all grounds for cassation appeal provided for by Article 606 of the Code of Criminal Procedure.

Law No. 114/2024 intended to broaden this possibility, perhaps in response to the need for greater effectiveness of criminal proceedings or to rebalance other reforms. The legislative intervention paved the way for a fundamental interpretive question: to what extent can the Public Prosecutor now avail themselves of cassation appeal against acquittal judgments?

Judgment No. 174493 of 2025: A New Horizon

The Court of Cassation, with Judgment No. 174493 of 2025, has dispelled all interpretive doubts, clearly stating the scope of the new provisions. The maxim of the judgment, which we report in full, is emblematic:

In matters of appeals, the public prosecutor, following the amendment of Article 593, paragraph 2, of the Code of Criminal Procedure by Article 2, paragraph 1, letter p), of Law No. 114 of August 9, 2024, may file a cassation appeal against acquittal judgments for offenses listed in Article 550, paragraphs 1 and 2, of the Code of Criminal Procedure, rendered after August 25, 2024, the date of entry into force of the aforementioned law, alleging all grounds referred to in Article 606 of the Code of Criminal Procedure.

This ruling, presided over by A. P. and drafted by I. P., is disruptive. In summary, the Supreme Court has established that the Public Prosecutor, after August 25, 2024, can appeal to the Court of Cassation against acquittal judgments concerning offenses listed in Article 550, paragraphs 1 and 2, of the Code of Criminal Procedure, invoking all grounds provided for by Article 606 of the Code of Criminal Procedure. This means that the Prosecutor is no longer limited to purely procedural challenges or obviously illogical defects in reasoning, but can raise any type of violation of law, including the erroneous application of criminal law or the non-observance of procedural rules established as grounds for nullity, inadmissibility, or forfeiture.

The offenses referred to in Article 550 of the Code of Criminal Procedure, for which direct summons to trial is provided, include a wide range of cases, such as:

• Private violence (Article 610 of the Criminal Code)
• Serious threats (Article 612, paragraph 2, of the Criminal Code)
• Minor and serious personal injuries (Articles 582, 583 of the Criminal Code)
• Aggravated theft (Article 625 of the Criminal Code)
• Fraud (Article 640 of the Criminal Code)
• Offenses against public administration (e.g., embezzlement, extortion, corruption, if of lesser gravity)

The opening to all grounds referred to in Article 606 of the Code of Criminal Procedure represents a significant strengthening of the Public Prosecutor's position, who now has broader tools to challenge acquittal decisions they deem unjust or legally erroneous.

Practical Implications and Open Questions

The Cassation Court's decision, annulling with referral the judgment of the Court of Benevento of 11/11/2024 in the case against C. V., will have concrete repercussions on the judicial system. Defense lawyers will need to pay greater attention to the drafting of the reasoning for acquittal judgments, knowing that the Public Prosecutor will have a wider window for appeal. At the same time, the ruling could lead to an increase in cassation appeals by the Public Prosecutor, with possible consequences on procedural times and the workload of the Supreme Court.

It is crucial to emphasize that the judgment applies to rulings issued after August 25, 2024. This temporal criterion is crucial for defining the scope of application of the new discipline.

Conclusions

Judgment No. 174493 of 2025 by the Court of Cassation, in line with Law No. 114 of 2024, marks a turning point in Italian criminal procedural law. The expansion of the Public Prosecutor's appeal powers, who can now file a cassation appeal against acquittal judgments for offenses referred to in Article 550 of the Code of Criminal Procedure, alleging all grounds provided for by Article 606 of the Code of Criminal Procedure, substantially modifies defense strategies and the overall approach to the trial. This evolution requires all legal operators – lawyers, public prosecutors, and judges – constant updating and a deep understanding of the new dynamics to ensure the protection of rights and the efficiency of justice.