Italian Supreme Court, Sixth Criminal Section, judgment no. 35986/2026, filed on 13 October 2026.

The preliminary investigations judge (GIP) who imposed a personal precautionary measure cannot decide an application for an agreed sentence concerning the same defendant, even when the application is made during the preliminary investigation under Article 447 of the Italian Code of Criminal Procedure.

The Supreme Court explains that the application introduces the adjudicative stage. It is not decisive that the investigation is still open: what matters is the nature of the decision sought, which may dispose of the proceedings.

An agreed sentence requires an assessment going beyond simply recording the agreement between prosecution and defence. This decision-making function makes the judge who has already ruled on a personal precautionary measure incompatible with that role.

The judgment provides practical guidance for the defence: even in early plea bargaining, counsel should check whether the judge has already imposed a precautionary measure on the defendant.

Source: Italian Supreme Court – official case page. Full judgment.