The balance sheet

Criminal cases at first instance concluded in less than a year

The overall duration has fallen by 38.8 per cent compared with 2019. The number of cases time-barred has plummeted at the appeal stage and has fallen before the single judge

STUDIO.no.3 - stock.adobe.com

3' min read

Translated by AI
Versione italiana

3' min read

Translated by AI
Versione italiana

Even in criminal cases at first instance concluded in less than a year. The total duration has fallen from 1,398 days in 2019 to 856 days in the first half of 2026. This represents an improvement of almost 40 per cent (38.8 per cent) since 2019, exceeding the 25 per cent target agreed with the EU as part of the National Recovery and Resilience Plan (PNRR). The Ministry of Justice yesterday released the consolidated figures as at 30 June 2026, which show a reduction in processing times affecting all stages of the judicial process: -23.5 per cent in the district courts, -42.5 per cent in the courts of appeal and -56.1 per cent in the Court of Cassation. The Court of Cassation itself has an average duration of 73 days, the lowest figure for the entire period under review, whilst first-instance proceedings have fallen from 392 to 299 days and appeal proceedings from 841 to 483.

IL CONFRONTO

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Positive figures across the whole region

The data also highlight a significant improvement in outcomes across the country. The duration of criminal proceedings has improved compared with 2019 in 79.3 per cent of the Courts of Appeal, 23 out of 29, and in 74.3 per cent of the District Courts, 104 out of 140. More than half of the District Courts have exceeded the 25 per cent reduction target, and 41 courts have recorded a reduction of more than 40 per cent. With regard to changes in case duration at District Courts – as the Ministry points out – there is still room for improvement in many courts, but it is noted that more than half of them have already exceeded the 25 per cent and, of these, 41 courts have recorded an overall reduction in duration of more than 40 per cent.

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According to Minister Carlo Nordio, ‘the results in the criminal justice sector confirm and reinforce the process of profound transformation undertaken by the Italian justice system. The achievement of European targets, together with the milestones achieved in civil proceedings, is the result of the reforms adopted, the investments made and, above all, the extraordinary commitment of magistrates, administrative staff and all professionals working in the courts’.

Triggers

A number of factors have undoubtedly contributed to these extraordinary results: from the gradual roll-out, including in terms of organisational models, the Office for the Trial Process, in support of the magistrates, to digitisation, which is making slow progress due to the extraordinary measures taken to address the workloads assigned to heads of departments.

As for individual courts, the Courts of Appeal in Taranto and Perugia, whilst showing a marked increase in case duration compared with 2019, have seen a clear improvement over the past year.

The implications for prescription

The reduction in duration – and, more generally, the improvement in efficiency – then has immediate consequences for one of the traditional sticking points in the criminal justice system, the statute of limitations. Whilst in Parliament, in the Senate – following approval by the Chamber of Deputies – yet another reform measure is under discussion (a 24-month suspension following a first-instance conviction and a 12-month suspension following confirmation on appeal; if these time limits are not met, the limitation period starts running again, including the period of suspension), a closer look at the data released by the Ministry highlights the decline at first instance and the sharp fall on appeal in the number of cases that have been dismissed.

The figure from the single-judge court, with the number of cases subject to the statute of limitations falling by 14%, dropping from 12,695 to 10,901 when comparing the first half of 2015 with the first half of 2016. The figures remained stable, though considerably lower, before the preliminary investigation and preliminary hearing divisions in terms of judgements, rising from 878 to 913, and in the collegiate court, from 346 to 357. By contrast, there was a decrease of almost 60 per cent in the Court of Appeal, where cases time-barred fell from 13,961 to 5,995. All this whilst the Cartabia reform, which focuses instead on the rules governing the non-prosecutability of cases, has yet to take full effect, as it is to be applied to proceedings initiated from 2020 onwards (proceedings are halted after the first instance, with a two-year limit for the appeal and one year for the Court of Cassation; failure to comply triggers non-prosecutability).

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