Substitute Penalties and the Cartabia Reform: Cassation Ruling 18260/2025 Clarifies Non-Conversion of Controlled Liberty

The Cartabia Reform (Legislative Decree no. 150 of 2022) marked a crucial moment for the Italian judicial system, introducing significant innovations aimed at streamlining proceedings and promoting a more rehabilitative approach to punishment. Among the most relevant changes was a broad revision of the regime for substitute penalties for short prison sentences, with the goal of reducing prison overcrowding and fostering social reintegration pathways. However, the introduction of new legislation always raises questions about its application, especially for legal situations already in place. It is in this context that the recent and important ruling by the Court of Cassation, Judgment no. 18260 of 2025, provides essential clarification on controlled liberty and the new substitute sanctions.

The Cartabia Reform and Substitute Penalties: A Significant Change

Before the Cartabia Reform, substitute penalties for short prison sentences (up to two years) were primarily probation with social services, house arrest, and controlled liberty. With Legislative Decree no. 150/2022, the legislator expanded the range of substitute sanctions, introducing new options such as community service and semi-liberty. The intention was to offer judges greater flexibility in choosing the most appropriate sanction for each case, favoring alternatives to prison when possible. These new provisions have generated considerable interest, emphasizing the need to understand how they interacted with situations already defined or ongoing at the time the reform came into effect.

The Specific Case: Judgment 18260/2025 and Controlled Liberty

The case examined by the Court of Cassation concerned the position of the defendant F. G. F., to whom the measure of controlled liberty had been applied before the Cartabia Reform came into force. The central issue was the possibility of converting this measure into one of the new substitute sanctions introduced by Legislative Decree no. 150 of 2022, even though the ruling had not yet become final, i.e., was not covered by res judicata. Many wondered if the absence of a definitive judgment could open the door to retroactive application of the new, potentially more favorable, provisions. The Cassation, with its ruling, provided a clear and unequivocal answer:

In matters of substitute penalties for short prison sentences, controlled liberty already applied by the date of entry into force of Legislative Decree 10 October 2022, no. 150, even if the ruling is not covered by res judicata, cannot be converted into another substitute sanction introduced by the so-called "Cartabia reform," due to the transitional provision under art. 95, paragraph 2, of the same legislative decree.

This maxim is of fundamental importance. It establishes that, even if a sentence applying controlled liberty is not yet final (i.e., "not covered by res judicata"), it cannot be converted into the new substitute penalties introduced by the Cartabia Reform. This means that the principle of non-retroactivity of unfavorable norms, or retroactivity of favorable ones, finds a limit in the specific transitional provisions provided by the legislator to govern the transition from one regulation to another.

The Cassation's Reasoning: The Principle of Transitional Law

The Supreme Court's decision is based on a rigorous interpretation of art. 95, paragraph 2, of Legislative Decree no. 150 of 2022, which governs transitional law regarding substitute penalties. This provision was specifically designed to avoid uncertainty and inconsistency in the application of the law during the transition period. The Cassation highlighted that the expression "already applied" contained in the transitional provision must be understood as a penalty that has already found concrete application, even if the measure has not yet become final. The reasons for this legislative choice are manifold and aim to ensure:

• **Legal certainty:** Avoiding indiscriminate and potentially chaotic application of new rules to ongoing situations.
• **Stability of judicial decisions:** Preserving the validity of decisions made under the previous regulatory regime, even if not yet irrevocable.
• **System coherence:** Maintaining a clear regulatory framework for legal professionals and convicts, clearly distinguishing between the old and new regimes.

This interpretation underscores the importance of transitional provisions, which, while appearing rigid, are essential for the fluidity and predictability of the legal system. They prevent the introduction of new laws from generating a wave of reviews of pre-existing cases, consequently slowing down the administration of justice.

Conclusions and Future Prospects

Judgment no. 18260 of 2025 by the Court of Cassation represents a firm point in the complex application framework of the Cartabia Reform concerning substitute penalties. It definitively clarifies that controlled liberty already applied before the reform came into force cannot be converted into the new sanctions, even in the absence of an irrevocable judgment. This ruling provides valuable guidance for judges, lawyers, and all legal professionals, precisely defining the temporal scope of the innovations introduced. The decision reinforces the principle of legal certainty and reiterates the centrality of transitional provisions for an orderly evolution of the regulatory system, ensuring that reforms, however ambitious, are integrated into the legal fabric with clarity and predictability.