Italian Supreme Court, Sixth Criminal Section, judgment no. 33634, filed on 16 September 2026.

Liability for the offence of misdirecting criminal investigations under Article 375 of the Italian Criminal Code does not require the public official or person entrusted with a public service to perform investigative duties, nor must the manipulation occur in the exercise of that function.

A functional connection between the person’s public capacity and the criminal inquiry being misdirected is, however, necessary. According to the Supreme Court, that connection exists where the subject matter of the investigation falls within the scope of the office or public service performed by that person.

This relationship gives rise to a duty to safeguard the integrity of the inquiry, accompanied by a heightened duty of preservation, loyalty and cooperation with the authorities.

Public status alone is therefore not the end of the inquiry: the relationship between the activity performed and the subject matter of the investigation must be identified. At the same time, the absence of investigative powers does not exclude the offence.

Source: Italian Supreme Court, official case page and attached judgment.