Italian Supreme Court, Criminal Division IV, judgment no. 35288/2026, hearing 2 July 2026, filed 5 October 2026

Where a plea bargain concerns road homicide and the aggravating circumstances of driving under the influence of alcohol or drugs do not apply, the court must apply the reduction in the driving-licence suspension provided by Article 222(2-bis) of the Italian Highway Code.

Referring to the effects of Constitutional Court judgment no. 88/2019, the Fourth Criminal Division reiterated that the reasons for the plea-bargain judgment must show that the reduction has been applied.

The Supreme Court also distinguished the level of reasoning required for the actual duration of the suspension. Where the ancillary sanction is set at the minimum, or only slightly above and still close to the minimum, a reference to its adequacy or proportionality may be sufficient. Specific reasons are instead required where the court departs appreciably from the minimum.

Defence relevance. The ruling provides two separate points of review in a plea-bargain judgment: correct application of the reduction in licence suspension and adequate reasons where the duration imposed departs from the minimum. These issues are distinct from the agreement on the criminal penalty and therefore warrant separate scrutiny by the defence.

Source

Momento Legislativo – Italian Supreme Court, Criminal Division IV, no. 35288/2026.