Newsstand

– 23 October 2026

Decree 186/2026: value confiscation, third parties and crypto-assets From 31 October 2026 the judgment must identify the assets or the sum subject to value confiscation; for a list of offences, value confiscation of instrumentalities becomes mandatory and confiscation from knowing third parties becomes possible; the seizure of crypto-assets is executed in a new way.– Firm’s note

– 16 October 2026

No 231 model: the Supreme Court requires a concrete organisational deficiency The Third Criminal Division of the Supreme Court (no. 34744/2026) holds that the absence of the model is not enough on its own: organisational fault must be established as a concrete deficiency causally linked to the offence. In the case, a fraud involving a regional grant, the appeals were declared inadmissible.– Firm’s note

– 2 October 2026

Searching the office of a lawyer under investigation: art. 103 The Supreme Court’s Joint Criminal Divisions extend the art. 103 safeguards to lawyers under investigation. During the investigation, searching their offices requires a reasoned authorisation from the judge and notice to the Bar Council; the reasons have not yet been filed.– Firm’s note

– 25 September 2026

Stalking and reparative conduct: the Court upholds the exclusion The Corte costituzionale has held that excluding stalking from extinction of the offence through reparative conduct is reasonable: without a valid withdrawal of the complaint, full compensation does not end the proceedings, although it may still count as a mitigating circumstance.– Firm’s note

– 23 September 2026

High-risk AI: the new art. 437-bis c.p. and the modello 231 The new d.lgs. 160/2026, in force from 30 September 2026, introduces art. 437-bis c.p. on high-risk AI systems and art. 25-vicies of the d.lgs. 231/2001.– Firm’s note

– 20 September 2026

Corporate seizure: no review of the measure without formally joining the 231 proceedings The Court of Cassation confirms that without the company’s formal joinder under Article 39 of Decree 231/2001, any review of a seizure linked to the entity’s offence is inadmissible, even when filed by court-appointed counsel.– Firm’s note

– 1 September 2026

Misappropriation: the first act of dominion, and when the date moves Misappropriation is complete at the first act of dominion incompatible with the title of possession, not at the later demand for restitution. Where the conduct stayed concealed, the case law moves that date to the refusal to account, on an unsettled point.– Firm’s note

– 24 August 2026

Preventive Seizure in VAT Fraud: Who Sets the Scope The Cassazione declared the prosecution’s appeal inadmissible: the tribunale del riesame (review court) may reduce or uphold a preventive seizure on other grounds, but may not widen it or replace the profit relied on in the application with the price of the offence.– Firm’s note

– 17 August 2026

Fraudulent bankruptcy through fraudulent transactions: Cassation upholds the conviction The Court of Cassation dismisses the appeal and upholds the conviction: liability requires intent behind the wrongful transaction and concrete foreseeability of the insolvency, not merely a bad business choice. The standard applies to directors and auditors of companies in crisis.– Firm’s note

– 8 August 2026

Minor significance of the offence and civil compensation: appeal excluded, question referred to the Constitutional Court The Joint Sections bar appeal for a defendant acquitted under art. 131-bis but ordered to pay damages, and refer the constitutionality issue to Italy’s Constitutional Court: order No. 28647/2026.– Firm’s note

– 5 August 2026

Bankruptcy offences: operative part, reasons and limitation The Court of Cassation confirms that an inconsistency between the operative part and the reasons is resolved in favour of the operative part: if the reclassification as simple bankruptcy remains in the reasons alone, limitation runs on the fraudulent offence. The point must be raised on appeal, not before the Court of Cassation.– Firm’s note

– 4 August 2026

Damage to cultural and landscape assets: when the company is liable too Since 2022 damaging cultural or landscape assets also triggers corporate liability: a fine of three hundred to seven hundred quotas and disqualifications of up to two years. Remedial measures under Decree 231 remain possible until the opening of the trial.– Firm’s note

– 29 July 2026

Morandi bridge: the first-instance judgment and what it means for business The Genoa District Court convicted thirty-two of the fifty-seven defendants; written grounds are due within three months and an appeal has been announced. For companies, what counts is delegation, reporting lines and traceable maintenance decisions.– Firm’s note

Environment and corporate liability: the list of predicate offences widens Legislative Decree 81/2026, in force since 2 June, implements Directive (EU) 2024/1203 and amends Legislative Decree 231/2001: new environmental offences among the predicate crimes and a reshaped sanction regime for entities. The special part of the model needs revisiting.– Firm’s note

– 25 July 2026

Tax dual-track and corporate liability: when the entity’s penalty may be absorbed Article 21-ter of Legislative Decree 74/2000 allows the penalty already imposed on the individual to exhaust the punitive claim against the entity: a decisive issue in corporate defence strategy.– Firm’s note

“Public” torture: the classification under Article 613-bis awaits the Joint Chambers Whether torture by a public official is a self-standing offence or an aggravating circumstance affects limitation, balancing and sentencing: the question is now before the Joint Criminal Chambers.– Firm’s note

Mandatory rehabilitation programmes and indigent offenders: a constitutional question is referred Where a conviction concerns gender-based violence the rehabilitation programme is mandatory and borne by the offender: doubts of legitimacy arise when indigence effectively bars access.– Firm’s note

– 24 July 2026

Almasri case: the Constitutional Court orders transmission of the ICC cooperation requests The Constitutional Court has filed its judgment: the Minister of Justice must immediately forward the International Criminal Court’s cooperation requests to the Prosecutor General at the Rome Court of Appeal.– Firm’s note

Juventus case: the EU Court of Justice revisits the “sports jurisdiction” question The ruling reopens the issue of the relationship between sports justice and State courts, with direct implications for clubs, executives and sports-related corporate litigation.– Firm’s note

Reclassification of the charge and access to alternative proceedings: referred to the EU Court of Justice By order no. 27371/2026 the Sixth Criminal Section asks the European judges whether, after the charge is reclassified, the defendant may regain access to alternative proceedings.– Firm’s note

Morandi bridge collapse: the operative part of the Genoa Court’s judgment The first-instance operative ruling has been filed, defining the individual positions: for infrastructure operators, organisational risk management becomes ever more central.– Firm’s note