Reclassification of the offence and access to alternative proceedings: preliminary reference to the EU Court of Justice

By order no. 27371 of 21 July 2026, the Sixth Division of the Court of Cassation stayed the proceedings and referred to the Court of Justice of the European Union a preliminary question on the legal reclassification of the offence. The issue concerns a defendant who, as a result of the different classification adopted by the court, is barred from access to the alternative proceedings — and the related sentencing benefits — that could have been sought on the basis of the original charge.

For corporate defence the question is anything but theoretical: plea bargaining and the summary trial decisively affect litigation strategy and the exposure of the entity and its senior officers. Should the Court of Justice recognise the right to reconsider the choice of proceeding after reclassification, a new avenue of defence will open in economic-crime cases, where the classification of the facts is often fluid and contested up to the final instance.

Summary note by the CommercialistiAvvocati network, based on specialised legal and practice sources. The text does not reproduce original contributions and does not constitute professional advice.