Supreme Court of Cassation (Italy)

The Supreme Court of Cassation (Italian: Corte Suprema di Cassazione) is the highest court of appeal or court of last resort in Italy. It sits in the Palace of Justice, Rome. This important court helps make sure that laws are applied correctly in all the lower courts across the country.

It also helps decide which lower court—like civil, criminal, or administrative courts—should hear certain cases. By doing this, the Supreme Court of Cassation plays a key role in keeping the legal system fair and consistent for everyone in Italy.

Procedure

The Italian Supreme Court of Cassation is the highest court in Italy. People can ask this court to look at decisions from lower courts. The Supreme Court can choose to support a lower court's decision or tell the lower court to change its decision. Once the Supreme Court supports a decision, it cannot be challenged again for the same reasons.

The Supreme Court's main job is to make sure lower courts follow the correct rules and understand laws the same way across all of Italy. It does not change what happened in a case but makes sure the law was applied properly.

Members and organization

The Supreme Court of Cassation has two parts: one for criminal cases and one for civil cases. The court has a main leader, called The First President of the Court of Cassation, and each part has its own leader. Usually, five judges listen to the cases, but for more complicated matters, nine judges decide together.

In every case, a special lawyer called the public prosecutor helps by sharing their ideas about the law. This support helps the court make its final decision.

Brief history

The need for a special court like this in Europe became clear when older systems had trouble making sure laws were understood the same way everywhere. This type of court first appeared during the French Revolution. Napoleon shared many French legal ideas with Italy, which helped shape the Court of Cassation.

The Court of Cassation was created by the former Italian Civil Code in 1865 and was later reorganized by royal decree in 1941. In 2023, Margherita Cassano became the first woman to serve as the president of the Court of Cassation.