REVIEW — 29 SEPTEMBER 2026
Electronic criminal procedure: uncertified system failures must be proved
Italian Supreme Court, Criminal Section V, no. 33829/2026, filed 17 September 2026.
The Court clarified that Article 175-bis of the Code of Criminal Procedure does not cover every possible technical malfunction. An uncertified failure of the electronic filing platform may be relevant to an application for reinstatement of a time limit under Article 175 only where the party proves that the malfunction amounted to force majeure or an unforeseeable event. Sending the appeal by certified email does not, by itself, cure the failure to file through the portal.
Defence impact: where the filing platform fails, it is essential to preserve objective evidence such as screenshots, error codes, timestamps, logs and other technical records.
Official source and original PDF: Italian Supreme Court. Reported by: Giurisprudenza Penale.
Misdirection of investigations: the conduct need not occur while exercising public functions
Italian Supreme Court, Criminal Section VI, no. 33634/2026, filed 16 September 2026.
For the offence under Article 375 of the Criminal Code, the required functional link does not mean that the misleading conduct must be carried out while formally exercising the public function. It is sufficient that the investigation concerns matters falling within the public office or service performed by the qualified person.
Defence impact: the analysis should focus on the concrete relationship between the public role, the relevant office or service, and the subject matter of the investigation allegedly diverted.
Official source and original PDF: Italian Supreme Court.
Drug offences: habitual conduct and non-occasional conduct are not the same
Italian Supreme Court, Criminal Section VI, no. 32649/2026, filed 2 September 2026.
Following the amendment to Article 73(5) of Presidential Decree 309/1990, the Court distinguishes between an occasional minor offence, a non-occasional minor offence and habitual conduct. Habitual conduct, which precludes the minor-offence provision, requires a degree of repetition showing a stable propensity to the criminal activity, while non-occasional conduct occupies an intermediate position.
Defence impact: the assessment cannot be purely numerical; context, time intervals, manner of conduct and evidence of stability all matter.
Official source and original PDF: Italian Supreme Court.
