"Per Saltum" Appeal and Corporate Liability: Cassation Ruling No. 18590/2025

Decisions of the Supreme Court of Cassation are fundamental for the interpretation of law. The recent Ruling No. 18590 of 12/02/2025 (filed on 16/05/2025) offers crucial clarifications on the administrative liability of entities for offences, particularly regarding the methods of appealing interim precautionary measures. This is a topic of great interest for businesses and professionals.

Corporate Liability and Interim Measures

Legislative Decree of 8 June 2001, No. 231, introduced corporate liability for offences committed in their interest or to their advantage. In addition to financial penalties, interim precautionary measures (e.g., suspension of activity, prohibition of contracting with public administration) are provided for, which can have a significant impact on business operations. The correct procedure for challenging these measures is therefore of paramount importance.

The "Per Saltum" Appeal is Inadmissible

Ruling No. 18590/2025, which involved C. V. S.r.l., addressed the issue of the admissibility of an immediate appeal to the Court of Cassation, the so-called "per saltum" appeal, against orders applying interim precautionary measures. The Court, presided over by Dr. F. G. and with Dr. S. P. as rapporteur, reiterated:

In matters of corporate criminal liability, orders applying an interim precautionary measure are appealable, pursuant to Article 52 of Legislative Decree of 8 June 2001, No. 231, only through an appeal, and an immediate appeal to the Court of Cassation must be considered inadmissible.

This maxim confirms the inadmissibility of the "per saltum" appeal for interim precautionary measures under Legislative Decree 231/2001. Article 52 of Legislative Decree 231 refers to Articles 325 paragraph 2 and 311 paragraph 2 of the Code of Criminal Procedure, which do not provide for a direct appeal to the Court of Cassation for such measures. The only avenue for appeal is to the Review Court (Tribunale del Riesame), which is essential for a review of the merits.

Practical Advice for Entities and Professionals

This ruling has direct implications for defence strategy:

• The appeal is the sole instance for challenging the precautionary measure.
• The timelines for precautionary appeals are short and peremptory.
• An effective Organisation, Management, and Control Model (MOGC) is the best prevention to avoid such measures.

The ruling consolidates a case law trend (consistent with previous rulings such as No. 32382/2004 and No. 37985/2004), strengthening legal certainty.

Conclusions

Cassation Ruling No. 18590/2025 offers an essential clarification: interim precautionary measures for corporate liability are only appealable through an appeal, excluding the "per saltum" appeal. This guidance is crucial for effective defence and for strengthening corporate compliance.