Court of Cassation No. 20143/2025: Non-Appealability of Acquittal Judgments by the Public Prosecutor's Office even in Summary Proceedings

Criminal procedural law is constantly redefined by important judicial rulings. One of these is judgment No. 20143 of April 23, 2025 (filed on May 29, 2025) by the Court of Cassation, which clarified crucial aspects of criminal appeals. Presided over by Dr. G. V. and reported by Dr. G. N., this decision is part of the context of recent legislative changes, particularly those introduced by Law August 9, 2024, No. 114, directly influencing the Public Prosecutor's appeal powers.

Legislative Innovations and the Interpretative Issue

Law No. 114/2024, through Article 2, paragraph 1, letter p), amended Article 593, paragraph 2, first sentence, of the Code of Criminal Procedure. This reform established the non-appealability, by the Public Prosecutor, of acquittal judgments concerning offenses for which direct summons to trial is provided. The objective is clear: to streamline proceedings for less serious offenses, reducing the burden on the Courts of Appeal. However, a fundamental interpretative issue arose: did this limitation also extend to acquittal judgments issued following summary proceedings, or was it confined only to judgments rendered in the main trial?

The Cassation's Response: Judgment No. 20143/2025

The Court of Cassation resolved this question with judgment No. 20143 of 2025, in the case of P. M. T. versus L. M., providing a clear interpretation and consolidating the restrictive approach to 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, acquittal judgments concerning offenses for which direct summons to trial is provided, following the amendment of Article 593, paragraph 2, first sentence, of the Code of Criminal Procedure, by Article 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 acquittal judgments rendered in the main trial.

This ruling is of paramount importance. The Cassation 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 judgment for an offense requiring direct summons will not be appealable by the Public Prosecutor, regardless of whether it was pronounced in the main 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 acquittal judgments in specific cases is confirmed, requiring an even more careful evaluation of charges from the preliminary stages.
• For the Defendants: The judgment increases legal certainty. An acquittal for an offense requiring direct summons, whether in the main trial or in 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 of proceedings, in line with the objectives of modernization and streamlining of 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 Procedure

Judgment No. 20143 of 2025 by the Court of Cassation represents a firm point in the interpretation of the amended Article 593, paragraph 2, of the Code of Criminal Procedure. By dispelling any doubt about the applicability of the non-appealability of acquittal judgments for offenses requiring direct summons also 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.