Italian Supreme Court, Criminal Division II, judgment no. 34754, hearing 9 September 2026, filed 28 September 2026

The Italian Supreme Court has clarified that, in proceedings concerning offences prosecuted ex officio, an application to enter a restorative justice programme does not stay the criminal proceedings and does not justify adjourning the hearing pending the outcome of the programme.

The ruling is particularly relevant from a defence perspective. Where restorative justice is pursued in order to rely on its outcome for the mitigating circumstance under Article 62, no. 6, of the Criminal Code or, more generally, for sentencing purposes, the defence must act promptly. In proceedings for offences prosecuted ex officio, the defendant must place the court in a position to consider any restorative outcome before the judgment becomes final.

The decision therefore confirms the autonomy of restorative justice from the criminal trial while highlighting the importance of its correct timing within the defence strategy.

Sources

Italian Supreme Court – official case page and full text of judgment no. 34754/2026.

Further reporting: NT+ Diritto – Il Sole 24 Ore.