Court of Cassation, Criminal Division, Order No. 29406/2025: Admissibility of "Per Saltum" Appeal against Acquittal Ruling

In the dynamic landscape of Italian criminal law, decisions of the Court of Cassation play a fundamental role, guiding the interpretation and application of norms. An important ruling, Order No. 29406 of 08/07/2025 (filed on 11/08/2025), presided over by Dr. S. B. and with Dr. S. C. as rapporteur and author, has introduced a significant clarification regarding appeals, specifically concerning the acquittal ruling. This decision offers new perspectives for defendants like M. F. and for defense strategy, deserving careful analysis.

The Acquittal Ruling: What it is and Why it is Crucial

Before delving into the core of the Order, it is essential to understand what an “acquittal ruling” is. This is a measure issued by the Judge for Preliminary Hearing (GUP) – in this specific case, the GUP of Nocera Inferiore on 10/12/2024 – at the end of the preliminary hearing, when the acquired elements are insufficient to support the prosecution in court. In practice, the judge deems there to be no suitable evidence to proceed with the trial. For the defendant, this ruling represents an important victory, but its stability and the avenues for challenging it or making it final have always been a subject of debate.

The "Per Saltum" Appeal: A Jump Directly to Cassation

The “ricorso per saltum” (appeal “by leap”) is a procedural mechanism (governed by Article 569 of the Code of Criminal Procedure) that allows for the appeal of a judgment directly to the Court of Cassation, “skipping” an intermediate level of judgment, such as the Court of Appeal. Traditionally, this possibility is reserved for specific cases and, above all, for grounds of illegitimacy, i.e., errors in the application or interpretation of the law, not for matters of substance (evaluation of evidence). The Order in question focuses precisely on the extension of this possibility to a particular type of ruling.

The Heart of the Matter: Order No. 29406/2025 and the Jurisprudential Maxim

The Court of Cassation, with Order No. 29406/2025, addressed the question of whether the acquittal ruling issued by the GUP was appealable via a “per saltum” appeal. The answer was affirmative, marking a turning point. Let's examine the maxim that expresses this principle:

The acquittal ruling issued by the judge for preliminary hearing pursuant to Article 425 of the Code of Criminal Procedure is appealable to the Court of Cassation "per saltum," albeit only for grounds of illegitimacy, as the provision of Article 569 of the Code of Criminal Procedure, by referring to the "first-instance judgment" without any further specification, does not limit the immediate admissibility of the appeal to judgments issued at the conclusion of a substantive trial.

This maxim is of fundamental importance. The Supreme Court clarifies that the reference in Article 569 of the Code of Criminal Procedure to the “first-instance judgment” must be interpreted broadly. It does not, therefore, limit itself to judgments that conclude a substantive trial (those issued after the main hearing), but also includes the acquittal ruling issued by the GUP pursuant to Article 425 of the Code of Criminal Procedure. This means that, against such a ruling, a direct appeal to the Court of Cassation can be filed, provided that only grounds of illegitimacy are asserted. This expansive interpretation diverges from previous orientations (such as those cited in “Conflicting Previous Maxims” No. 18305 of 2019 and No. 5452 of 2023), consolidating a new jurisprudential path.

Practical Implications and Defense Strategies

The Cassation Court's decision opens new perspectives and requires a recalibration of procedural strategies, both for the defense and for the prosecution (represented in this case by the Public Prosecutor G. S.). Here are some key implications:

• Procedural Speed: The possibility of appealing “per saltum” can accelerate procedural times, leading to a definitive decision on the legitimacy of the acquittal ruling more quickly, avoiding the intermediate step of the Court of Appeal.
• Focus on Grounds of Illegitimacy: The “per saltum” appeal requires parties to focus exclusively on legal issues, such as the erroneous application of a norm or procedural defects, excluding any re-examination of the merits of the GUP's decision.
• New Assessments for the Prosecution: The prosecution will also need to carefully assess whether the acquittal ruling contains grounds of illegitimacy that justify a direct appeal to the Court of Cassation, to prevent an early dismissal from becoming final without adequate review.
• Jurisprudential Consistency: The ruling contributes to defining a clearer and, hopefully, more consistent framework, overcoming previous interpretative discrepancies and ensuring greater predictability in the system of criminal appeals.

Conclusions

Order No. 29406 of 2025 of the Court of Cassation represents an important piece in the mosaic of criminal procedural law. By recognizing the admissibility of the “per saltum” appeal against an acquittal ruling, the Supreme Court has provided a potentially faster and more efficient tool for the legal review of such measures. This decision underscores the importance of attentive and competent defense, capable of grasping every jurisprudential nuance to best protect the interests of the client, ensuring that legal principles are correctly applied at every stage of the process.