Revocation of the conditional suspension of a sentence does not allow access to the new substitute penalties where the conviction became final before 30 December 2022, when the Cartabia reform entered into force.

The First Criminal Section of the Italian Supreme Court clarified this in judgment no. 36314, filed on 15 October 2026.

The decisive date is when the conviction became final, not when the sentence became enforceable. Subsequent revocation of the benefit therefore does not allow the time limits laid down by Article 95 of Legislative Decree 150/2022 to be overcome so as to obtain substitution of the custodial sentence from the enforcement court.

Source: Italian Supreme Court, First Criminal Section, judgment no. 36314/2026 – full text.