Appealing a conviction in Italy: appeal and Cassation
Italy has more than one layer of review after a trial judgment, and they do entirely different work. An appeal is a full re-examination of facts and law before a new court, which may confirm the decision, vary it, acquit or annul. The Court of Cassation examines points of law only: it does not re-read the evidence and will not reconsider which witness was believed.
Both routes run on a deadline counted from the day the written reasons are filed, not from the day the verdict was announced in court, and both reject grounds that are not specific. Anyone who has left Italy needs that filing date verified rather than assumed, because the notice may go to an address on the file: missed appeals in cases involving defendants abroad almost always come from that gap rather than from any decision about the merits.
Avv. Massimo Romano — Ordine degli Avvocati di Napoli n. 14553, patrocinante in Cassazione dal 23/10/2015 — Roma, Via Avicenna 97, 00146 · Milano, Via Giuseppe Pecchio 3, 20129 · Napoli, Corso Umberto I 237, 80138 — +39 335 669 3954
In brief
- An Italian judgment is announced before it is reasoned: the court states a period within which the written reasons will be filed, and the review deadline runs from that filing rather than from the hearing.
- Where the reasons are filed later than announced, the deadline moves with them, which has to be checked against the court record rather than taken on trust from anyone's recollection.
- Grounds of appeal must identify which parts of the decision are challenged, the reasons in law, and the elements of fact that support them; a complaint that the judgment is simply wrong is declared inadmissible without examination.
- In the Court of Cassation the specificity requirement is applied more strictly, and an inadmissible appeal there carries a financial consequence on top of costs, so an appeal that cannot be properly argued is not a free attempt.
- Only lawyers on the special roll may sign in Cassation, which means a defendant who intends to go that far has to arrange representation rather than assume continuity.
- What can be argued in Cassation is limited: absent or merely apparent reasons, self-contradiction, breach of rules laid down on pain of nullity, misapplication of the criminal law, and errors in the calculation of sentence.
- Outer limits now apply to each stage of review, and exceeding them makes the prosecution inadmissible; this is a different mechanism from the limitation period, which stops running at the trial judgment, and the two are constantly confused.
- A defendant outside Italy can appeal, but needs a power of attorney in proper form and a reliable address for service, and should expect the practical work to be about dates and notifications rather than about argument.
The two stages
| Element | Appeal | Cassation |
|---|---|---|
| What is reviewed | Facts and law | Points of law only |
| New evidence | Possible where the conditions are met | Not admissible |
| Outcome | Confirm, vary, acquit, annul | Reject, or annul with or without remittal |
| Who may sign | Any defence lawyer | Only lawyers on the special roll |
| Deadline | Runs from filing of the reasons | Runs from filing of the reasons |
| Outer time limit on the stage | Two years, extendable in complex cases | One year, extendable |
The outer limits are a recent feature: where a stage exceeds them, the prosecution becomes inadmissible. It is a different mechanism from the limitation period, which stops running at the first-instance judgment, and the two are constantly confused, including in English-language material.
Everything starts with the written reasons
An Italian judgment is announced first and reasoned afterwards. The court states a period within which the written reasons will be filed, and the appeal deadline runs from that filing, not from the day of the hearing.
Where the reasons are filed late, the deadline moves accordingly. This has to be verified rather than assumed, and it is the single most common source of missed appeals in cases involving defendants who have left the country.
Specificity is the admissibility test
Grounds of appeal must identify the points of the decision being challenged, the reasons in law and the elements of fact supporting them. A generic complaint that the judgment is wrong is declared inadmissible without examination.
In the Court of Cassation the requirement is stricter still, and inadmissibility there carries a financial consequence: an order to pay a sum to the fines fund, in addition to costs. An appeal that cannot be argued properly is not a free attempt.
What can actually be argued in Cassation
- Absence of reasons, or reasons that are merely apparent or self-contradictory.
- Breach of procedural rules laid down on pain of nullity or unusability.
- Misapplication of the criminal law.
- Failure to consider decisive evidence, within the limits the code allows.
- Errors in the calculation of the sentence or in the application of circumstances.
What cannot be argued is that the trial court weighed the evidence badly. Disagreement with the reconstruction of the facts, however reasonable, is not a ground of law, and the great majority of unsuccessful applications fail on exactly that.
Appeal and Cassation are often described as successive attempts at the same thing, which they are not. The table compares them on the points that decide which route is open and what it can achieve.
| Element | Appeal | Cassation |
|---|---|---|
| What is reviewed | Facts and law, in full, before a new court | Points of law only, on the record as it stands |
| New evidence | Possible where the conditions laid down are met | Not admissible |
| Possible outcomes | Confirm, vary, acquit, or annul the decision | Reject, or annul with or without remittal to another court |
| Who may sign | Any defence lawyer instructed in the case | Only lawyers admitted to the special roll |
| Where the deadline starts | From the filing of the written reasons | From the filing of the written reasons |
Two protections worth knowing
Where only the defence appeals, the court cannot impose a heavier sentence than the one under appeal. That is why the decision whether to appeal, and whether the prosecution has also appealed, has to be taken together rather than separately.
And where the appeal court intends to reverse an acquittal on the basis of oral evidence, it must in general re-hear that evidence rather than reassess the transcript.
Appealing from outside Italy
Your presence is not required. The appeal is lodged by your lawyer and the hearings are conducted by them; what is required is that documents reach you or your lawyer, which is a question of the address for service.
If you have discovered a conviction only now, the position is different and the remedies run from the day you found out, as set out in the guide on proceedings you did not know about.
Frequently asked questions
How long do I have to appeal in Italy?
The period runs from the filing of the written reasons, not from the hearing. Where the reasons are filed late, the deadline moves accordingly and this must be verified.
Can I introduce new evidence on appeal?
In the appeal stage it is possible where the conditions are met. Before the Court of Cassation it is not: that court reviews points of law only.
Can the sentence get worse?
Not where only the defence has appealed. If the prosecution has also appealed, the position is different, which is why the decision is taken on both together.
Do I need a special lawyer for the Cassation?
Yes. Only lawyers entered on the special roll may sign an application to the Court of Cassation, and an application signed by anyone else is inadmissible.
If a judgment has been given
The first thing to establish is when the reasons will be filed, because everything else counts from there. First contact is free and covered by professional privilege.
Admissibility, not merit, disposes of most attempted appeals. This table sets common types of ground beside the treatment they receive.
| Type of ground | How it is treated | Why |
|---|---|---|
| A general complaint that the judgment is wrong | Declared inadmissible without examination | It identifies no part of the decision and no reason in law |
| An identified defect in the reasoning, with the passages cited | Examined on its merits | It meets the requirement to specify what is challenged |
| Reasons that are absent, apparent only, or self-contradictory | Arguable in Cassation | The defect is one of law, not an assessment of the evidence |
| Breach of a rule laid down on pain of nullity or unusability | Arguable in Cassation, if raised in the proper form below | The code attaches the consequence to the breach itself |
| Disagreement with which witness was believed | Not arguable in Cassation | That court does not re-examine the evidence |
Who ends up reading about appeals, and what they are holding
People reach this page with a judgment in their hands, or with news of it, and a clock they do not understand. The situations are practical and urgent.
A defendant who was present at the trial has heard the court announce a verdict in Italian, through an interpreter or not at all, and left with a short paper. They know only that it was a conviction, or a partial conviction. They have been told that "reasons will follow", and do not know whether to do anything now.
A defendant who was not present, because they live abroad or were represented by a lawyer, has learned from the lawyer or from a notice that a judgment has been given. They do not know the content, the penalty or the date.
A family member has received a message that a relative has been convicted. They want to know whether it is final, whether the person will be taken into custody, and what can be done.
A person who was convicted in the past, and who is now facing enforcement of the sentence, wants to know whether anything remains possible.
An employer, a bank or an immigration office has asked about the status of a judgment, and the person must explain whether it is final.
In every case, the starting question is the same: how much time is left, and counted from what?
What a judgment does to work, residence, travel and the household
The practical consequences begin with the announcement, and they differ depending on whether the sentence is final.
Status. A judgment that can still be challenged is not final. While it can be challenged, many of its effects are suspended, though not all. A judgment that has become final has full effect. Employers and authorities often treat a conviction at the earlier level as final when it is not. Be ready to explain the status in writing.
Liberty. Whether the person is free or detained during the appeal depends on the measures in force and on the sentence. Ask the lawyer immediately.
Work. A conviction can affect licences, occupational registers and contracts, even before it is final. Some professions have their own procedures.
Residence and nationality. For a foreign citizen, a conviction may affect permits, renewals and applications. Timing matters, and an appeal in progress is a fact the authorities should hear.
Travel. Leaving the country may be restricted, and travel to certain countries may be affected by records.
Money. Costs include lawyers, translation, fines and damages. The damages awarded to an injured party may be enforceable before the criminal side is final.
Family. Waiting for reasons, appeal and decision takes a long time. Plan for that, emotionally and financially.
Decisions in the days after the verdict: appeal, wait for the reasons, or accept
The choices arrive quickly, and some of them cannot be reversed. Each has a price.
Appeal, or accept the judgment. An appeal costs money and time, and in some situations the outcome could be different from what is hoped. The price of not appealing is that the judgment becomes final, with all that follows. The lawyer must explain the risks and the options in writing before the decision. Do not decide in the courtroom.
Appeal immediately, or wait for the written reasons. The deadlines to challenge a judgment normally run from the filing of the reasons. Acting before reading them risks arguing blindly; waiting without watching the date risks missing it. The lawyer will say which dates apply and who watches them.
Challenge everything, or only part. A narrow appeal can be sharper and cheaper, while a wide appeal keeps more options open. The right choice depends on the judgment, which is why the reasons matter.
Who signs the final-stage challenge. Not every lawyer can do so. Only lawyers on the special roll may sign it. Decide early whether your lawyer is on it, and if not, who will join.
Stay or leave the country. Ask before moving. A departure can have consequences for measures in force.
Papers and dates to secure while the clock is running
The appeal depends on documents and deadlines, and some of them disappear if not collected. Gather the following.
- The judgment as announced, and any paper you were given at the hearing, photographed in full.
- The written reasons, as soon as they are filed. Note the day of filing and the day you received them, since deadlines run from the filing.
- The notice of any measure, such as an order for custody or for the carrying out of the sentence.
- Your lawyer's authority: the power of attorney or the appointment, with its date and scope.
- The trial file, including minutes of the hearings and statements, which show what was said and by whom.
- Documents that were produced at trial, and those that were not but could support the appeal.
- Official translations of anything in another language, if new material is to be offered where the rules allow.
- A record of the person's address, and the means of receiving notices, especially if the person lives abroad.
- Proof of payments or compliance with any obligation already imposed.
Write the dates in a visible place, with the source of each. Missing a date by a day can close the door, and a family that tracks them with the lawyer provides additional eyes.
The work in the days after a verdict is largely documentary, and the items below are the ones that decide whether a review is even possible.
| Item | Where it comes from | Why it matters |
|---|---|---|
| The operative part read out in court | The hearing record | States what was decided before any reasons exist |
| The written reasons | The court registry, once filed | Contains the passages any ground of appeal must attack |
| The record of the date of filing | The court registry | Fixes the day from which the deadline runs |
| The record of notification to the defendant | The court file | Shows whether service was valid where the defendant is abroad |
| A power of attorney in proper form | Signed by the defendant, authenticated as required | Allows a lawyer to act for someone who cannot attend |
| The list of exhibits and the trial record | The court file | Establishes what was before the court and what it ignored |
Questions to put to the lawyer after a judgment has been given
These questions are directed at the points that matter most in the days after a verdict.
- Is the judgment final, or can it still be challenged, and from what date does the time to challenge run?
- When will the written reasons be filed, and what happens if they are late?
- What are the grounds that could be raised on appeal, and which look strongest on the judgment?
- Can new evidence be offered, and what conditions apply?
- What are the risks of appealing, including whether the outcome could change for the worse?
- Who will sign the final-stage challenge, and what are the requirements for specific grounds?
- Does the appeal suspend the effects of the judgment, including any custody or enforcement?
- How is the damages award dealt with while the appeal is pending?
- If I live abroad, what do I need to do, and can I be represented at every stage?
Ask for the answers in writing if possible. Time is short, and a written note shows who agreed to do what, and by when.
Take the list to the call and add your own. Ask also what the lawyer needs from you, and by when, so that you can supply documents and signatures without delay. Appeals depend on precision, and a prepared client saves days.
Appeals from outside Italy: notices, powers of attorney and distance
A defendant who lives abroad, or was convicted in absence, faces a chain of practical hurdles, and most of them involve time.
Notices are served at the address given, and the person may learn of a judgment late. Make sure the lawyer holds a reliable address, an email and the name of a person who can receive paper. If you move, say so immediately.
A power of attorney lets the lawyer act. It must be in the form Italian procedure requires, and signing it abroad may need certification. Arrange it before it is needed, and make sure it is wide enough to cover an appeal and, if needed, the final stage.
The judgment and the reasons are in Italian. Official translation takes days or weeks. Begin as soon as the reasons are filed, because the deadline for the appeal does not wait.
Money and documents cross borders slowly. Agree early how fees will be paid and in what currency, and keep copies of every payment.
Time zones matter for calls. Fix times and a back-up channel.
Your consulate can confirm formalities and help with emergency documents, but it cannot file or advise on grounds. If the person is detained, the consulate can help with contact and welfare.
If there are proceedings in your country as well, the lawyers should agree what each says.
How the firm works on appeals
Appeals are an exercise in precision and timing. Contact begins by email to avvmassimoromano@gmail.com or by the number on the contact page. Send the judgment or the notice, the date you received it, and any measure in force.
The initial call is used to establish the status of the judgment, the dates that apply and who is watching them. The lawyer will tell you plainly what has to be done and by when, and will not wait for the reasons to begin work on the file.
When the written reasons are filed, the lawyer reads them against the trial record, identifies the specific grounds on which a challenge may be made, and explains them to you in English, with the risks. Grounds that are vague are rejected, so the work is to make each ground specific and tied to the judgment.
The firm has offices in Rome, Milan and Naples and works with colleagues in other cities where the appeal is heard. Where the final-stage challenge requires a lawyer on the special roll, the firm tells you who will sign it and what the arrangement is. Conversations are in English, and Italian papers are explained and translated before you sign.
If you are abroad, the lawyer acts under a power of attorney, and the firm coordinates with a lawyer in your country for related matters. The lawyer is reachable around the clock when a deadline is close.
What not to do between the verdict and the appeal
The days after a verdict are full of impulses. The following can damage a position.
- Do not let a date pass while waiting for the reasons. Ask the lawyer to confirm in writing which dates apply, and who watches them.
- Do not decide in the courtroom, or on the telephone from a hallway. Take time to read, even if it is only a day.
- Do not instruct a lawyer by message alone and assume a challenge has been filed. Ask for the proof of filing.
- Do not rely on a lawyer who is not on the special roll for the final stage. Only roll lawyers may sign.
- Do not leave Italy in a hurry if a measure is in force, or without telling the lawyer.
- Do not post about the judgment or the court. Comments may be read and used.
- Do not ignore a notice because the case seems over. Notices about enforcement carry deadlines.
- Do not contact witnesses or the injured party about the judgment.
- Do not pay a sum demanded in the judgment without advice, since payment can affect other rights.
If anything is unclear, ask. Appeals are lost on small points, and a short question costs far less than a lost deadline.
A short note to the lawyer after each development, however small, keeps the file accurate. Tell the lawyer about any new letter, any visit by the police and any change of address on the day it happens.
Words on judgments and appeal papers
Appeal papers use words that look familiar and mean something specific. The following appear on this page and in the papers you will receive.
- Appello: the appeal, a full review of facts and law before a new court.
- Ricorso: the final challenge on points of law only, without a new examination of the evidence.
- Sentenza: the judgment, announced in court with the operative part read out ahead of the reasons.
- Motivazione: the written reasons, filed later. The time to challenge normally runs from the filing.
- Motivi: the grounds of the appeal or challenge, which must be specific to be admissible.
- Inammissibilità: inadmissibility, the rejection of a challenge for a defect of form or lack of specificity, without examining the merits.
- Annullamento con rinvio: annulment with remittal, where the higher court cancels a decision and sends the case back for a new judgment.
- Irrevocabile: final, meaning that the judgment can no longer be challenged by ordinary means.
- Esecuzione: the carrying out of the sentence after it is final.
If a paper uses a term that is not on this list, photograph it and send it to the lawyer. Words about time, such as the date from which a deadline runs, are the ones to check earliest.
Keep the list beside the judgment and the notices. Note the dates against the words that govern time, such as the filing of the reasons and the point at which a judgment becomes final, and ask the lawyer to confirm each date in writing.
About the lawyer
People write to this office from places where Italian is not spoken, and often with documents they cannot read. That is the starting point of the work rather than an obstacle to it. Avv. Massimo Romano practises criminal law and appears before the Court of Cassation; alongside ordinary Italian proceedings he deals with surrender requests, extradition, and the situation of foreign nationals facing charges in Italy. Send or read out what you have: a notice, a receipt from a search, the name of the prison, a lawyer's letter in another language. He will tell you what the document is and what it obliges you to do. The call is followed by a written note setting out what the office can take on, how the file will be handled between Rome, Milan and Naples, and who in the family will be kept informed. Those conversations are held in English whenever that is what the family needs.
Write on WhatsApp or call. Have ready the identity details of the person concerned and a photograph of every page you have received, in whatever language it is written.
Avv. Massimo Romano — criminal defence lawyer, admitted to the Italian Court of Cassation
Iscritto all'Ordine degli Avvocati di Napoli n. 14553 | Patrocinante in Cassazione dal 23/10/2015
Roma, Via Avicenna 97, 00146 · Milano, Via Giuseppe Pecchio 3, 20129 · Napoli, Corso Umberto I 237, 80138
+39 335 669 3954 · WhatsApp