With judgment no. 31016/2026, the Italian Supreme Court addressed the reclassification of the facts in the abbreviated trial procedure and its consequences for the right of defence.

Where the first-instance court gives the facts a different legal classification from the charge originally brought, without prior adversarial debate on that issue, the appellate court must consider, when assessing a request to reopen the evidentiary phase, the need to allow the defendant to defend effectively against the new classification.

New evidence may therefore become necessary not only because the evidentiary record is incomplete, but also because the new legal classification makes relevant defence steps that there was previously no reason to pursue.

The Supreme Court nevertheless makes clear that the defence must identify already on appeal the specific evidentiary steps made necessary by the reclassification. It is not enough to complain in abstract terms that there was no prior opportunity to address the new legal characterisation.

The judgment therefore reinforces the practical effectiveness of adversarial proceedings: a new legal classification must not result in a concrete restriction of defence rights.

Italian Supreme Court, judgment no. 31016/2026, filed 12 August 2026.

Official source: Italian Supreme Court.
Case page and full judgment no. 31016/2026