The classification of “public” torture (art. 613-bis) referred to the Joint Sections

The Fifth Section has referred to the Joint Sections the question of the legal nature of torture committed by public officials or by a person entrusted with a public service, through abuse of powers or in breach of the duties inherent in the function or service: an autonomous offence or a special aggravating circumstance, carrying an autonomous or independent penalty, of the offence provided for by the first paragraph of Article 613-bis of the Italian Criminal Code.

The systematic choice has practical consequences on the balancing of circumstances, limitation periods and sentencing. The question is still pending: the hearing before the Joint Divisions (Sezioni Unite) is scheduled for 26 November 2026. The ruling is expected to settle the point.

Summary note by Studio Legale Petrali, based on specialised legal sources (Giurisprudenza Penale Web, ISSN 2499-846X). This text does not reproduce the original contribution and does not constitute legal advice.