Cassation court dismisses appeal for suspended sentence due to lack of explicit judicial discretion devolution.

Cassation annuls preliminary judgment for failing to grant conditional suspension when requested as a condition for plea bargaining.

Italian Supreme Court annuls sentence for failing to grant conditional suspension despite explicit request.

Italian Constitutional Court dismisses constitutional complaints regarding the revocation of conditional sentence suspension. The court declares the questions inadmissible due to lack of motivation on relevance. The court ruled that the legislative provision allowing the executive branch to revoke conditional sentence suspension in cases of violation of statutory requirements is constitutionally compatible with the Italian Constitution, provided that the revocation is limited to situations where the obstructive elements were not knowable during the initial trial phase. The court emphasized that if the judge of the trial phase could have known about the obstructive elements but still granted the benefit due to an erroneous assessment, the ordinary means of appeal should be used instead of the extraordinary revocation procedure. The court noted that the legislative provision does not violate the principle of legal certainty because it does not revisit an erroneous decision made during the trial phase, but rather eliminates a violation of law committed in the presence of an objective situation that was not perceived nor perceivable by the judge of the trial phase, but became knowable only ex post. The court also highlighted that the lack of motivation by the lower court regarding whether the obstructive elements were known or knowable to the judge of the trial phase rendered the constitutional question inadmissible. The court declared the constitutional questions inadmissible due to lack of motivation on relevance. The court ruled that the legislative provision allowing the executive branch to revoke conditional sentence suspension in cases of violation of statutory requirements is constitutionally compatible with the Italian Constitution. The court emphasized that the legislative provision does not violate the principle of legal certainty because it does not revisit an erroneous decision made during the trial phase, but rather eliminates a violation of law committed in the presence of an objective situation that was not perceived nor perceivable by the judge of the trial phase, but became knowable only ex post. The court also highlighted that the lack of motivation by the lower court regarding whether the obstructive elements were known or knowable to the judge of the trial phase rendered the constitutional question inadmissible.

Cassation annuls lower court sentence for failing to grant suspended sentence despite prosecutor's consent and defendant's request.

Italian court annuls plea deal sentence for failing to grant suspended sentence agreed upon by parties.