With interlocutory order no. 25298/2026, published on 14 September 2026, the Third Civil Division of the Italian Supreme Court referred to the Constitutional Court a question concerning the civil orders made within criminal proceedings.

The issue concerns Article 541(1) of the Code of Criminal Procedure, insofar as it does not provide that an order requiring the defendant and the civilly liable party, jointly and severally, to reimburse the costs incurred by the civil party is provisionally enforceable by operation of law from the first-instance criminal judgment.

The case arose from enforcement proceedings before the Court of Bari. A first-instance criminal judgment had awarded the civil party €20,000 by way of provisional damages and €6,783.92 in legal costs. While the provisional damages award was immediately enforceable, the enforceability of the costs order was disputed because the criminal court had not expressly declared it provisionally enforceable.

The Supreme Court noted a conflict in its own case law. Judgment no. 19899/2024 held that an order for the civil party’s costs is not automatically provisionally enforceable; judgment no. 32380/2023, by contrast, treated its civil nature as allowing application of Article 282 of the Code of Civil Procedure.

The Third Division considered that the conflict could not simply be resolved by applying Article 282 by interpretation. At the same time, the growing alignment between civil claims brought within criminal proceedings and claims brought before the civil courts may make the different treatment difficult to justify.

The Court therefore found the constitutional question relevant and not manifestly unfounded under Articles 3 and 24 of the Constitution, and referred Article 541(1) to the Constitutional Court insofar as it does not provide for provisional enforceability by law of the costs awarded to the civil party.

Italian Supreme Court, Civil Division III, interlocutory order no. 25298/2026, hearing 11 June 2026, published 14 September 2026.

Official source: Italian Supreme Court.
Case page and full order no. 25298/2026