International Letters Rogatory and Execution Incidents: The Limits of Judicial Review in Judgment No. 31117 of 2025

In our increasingly globalized world, international judicial cooperation plays a fundamental role. Often, for the proper administration of justice, it is necessary for the authorities of one State to request assistance from those of another. This is done through so-called 'international letters rogatory,' instruments that allow for the acquisition of evidence or the performance of judicial acts beyond national borders. However, the execution of such requests raises delicate questions regarding the limits of judicial review that a State can exercise over acts performed on its territory on behalf of a foreign authority. On this crucial issue, the Court of Cassation has ruled with the recent Judgment No. 31117 of 09/07/2025, offering essential clarifications for legal professionals.

International Letters Rogatory and the Role of Judicial Review

An international letter rogatory is, in essence, a formal request for judicial assistance that a judicial authority of one State addresses to a homologous authority of another State. Such requests may concern, for example, the examination of witnesses, the acquisition of documents, or the execution of precautionary measures such as seizures. The Italian Code of Criminal Procedure, particularly Articles 724 and 725, governs the procedures for handling these requests. With the amendments introduced by Legislative Decree 3 October 2017, No. 149, the regulatory framework has been redefined, aiming to make cooperation more efficient and clear. However, the very need to balance efficiency with the guarantee of rights and national sovereignty makes a control mechanism over execution acts indispensable. This is where the execution incident comes into play, a procedural tool through which issues relating to the legality or correct implementation of acts can be raised.

The Boundaries of the Execution Incident: What the Cassation Court Says

The central issue addressed by the Supreme Court in Judgment No. 31117 of 2025 concerns the scope of this review. In particular, it was debated whether the execution incident could extend to reviewing the merits of the foreign decision or if it should be limited to the procedural and formal aspects of the execution. The Court of Cassation, presided over by Dr. G. D. A. and with Dr. B. P. R. as rapporteur, provided a clear answer, annulling without referral the order of the GIP of the Court of Florence which had exceeded these limits. Here is the summary of the judgment:

Even after the amendment of Articles 724 and 725 of the Code of Criminal Procedure as a result of Legislative Decree 3 October 2017, No. 149, it must be considered admissible, in the form of an execution incident, the review of acts performed in execution of international letters rogatory from abroad, with the devolutive limits inherent to this procedural instrument, so that grievances relating to the implementation methods of the letter rogatory, or to the existence, validity, and effectiveness of the enforcement order, are deductible, but not issues concerning the merits of the latter or already resolved by the 'exequatur' decision. (Case in which the Court annulled without referral the order of the Judge for preliminary investigations who had revoked the precautionary seizure issued following a request for judicial assistance submitted by the Republic of San Marino, having re-evaluated, on the merits, the relevant prerequisites).

This summary is of fundamental importance because it crystallizes a cardinal principle: review through an execution incident is admissible, but it is not unlimited. The Court specifies that challenges must concern well-defined aspects and cannot turn into a re-evaluation of the foreign decision. In other words, the Italian judicial authority can and must verify the formal and substantial regularity of the execution of the letter rogatory, but it cannot substitute itself for the requesting authority in assessing the grounds for the request itself. This principle safeguards mutual trust between States and the speed of judicial cooperation, preventing every request from turning into a new trial on the merits.

The Court therefore clarifies that, through the execution incident, grievances relating to:

• The implementation methods of the letter rogatory: for example, whether the procedures provided by Italian law for the execution of the act have been respected.
• The existence, validity, and effectiveness of the enforcement order: i.e., whether the foreign decision on which the letter rogatory is based is valid according to the laws of the requesting country and whether it is capable of producing effects.

Conversely, issues concerning the merits of the foreign enforcement order, or those that have already been the subject of an 'exequatur' decision, cannot be raised.