Italian Supreme Court bars appeal for acquitted defendants ordered to pay compensation

The Sezioni Unite of Italy’s Court of Cassation clarified that a defendant acquitted for particular thinness of the fact (tenuità) but sentenced to pay damages to the civil party cannot appeal the compensation decision; only a petition for cassation is permitted. The Court highlighted that this restriction may conflict with the right of defence and fair trial principles, and referred the constitutional issue to the Constitutional Court.

In a related judgment dated 14 April 2026 (ordinance n. 18071), the Court rejected Paolo V.’s appeal, finding his arguments too generic and lacking a specific link to the contested decision. It affirmed the established principle that appellate judges need only address decisive elements when denying generic mitigating circumstances, and ordered the appellant to pay procedural costs and a €3,000 fine to the fines fund.