Italian Supreme Court, Criminal Division VI, judgment no. 32426/2026, filed 31 August 2026

Telling the opposing party that one intends to bring legal proceedings in order to obtain recognition of a claim believed to be well founded does not, by itself, amount to threatening an unjust harm.

The Supreme Court relied on the right of access to court protected by Article 24 of the Constitution: where the proposed legal action is not instrumental, manifestly unfounded or purely vexatious, communicating an intention to apply to a court does not satisfy the threatening conduct required by Article 393 of the Criminal Code.

In the case before the Court, even a reference to possible reputational damage arising from the dispute was not sufficient. The alleged “scandal” had been presented as a possible consequence of the litigation itself rather than as the result of separate conduct aimed at discrediting the recipient.

Defence relevance. The ruling provides a useful criterion for distinguishing legitimate pressure connected with the exercise of a right from a criminally relevant threat. The decisive issue is the nature of the harm announced and its relationship with the claim being asserted: an announcement that one will go to court cannot automatically be transformed into intimidating conduct.

Sources

NT+ Diritto – Il Sole 24 Ore; Terz’ultima Fermata – Italian Supreme Court, Criminal Division VI, no. 32426/2026.