Cass. pen. judgment no. 13298/2025: the appellate judge's discretion in substituting short custodial sentences
The Supreme Court clarifies with decision no. 13298/2025 that, when the sentence is reduced in the second degree below the threshold for alternative sanctions, the appellate judge is not obliged to apply the substitute measure ex officio: a power, not a duty. Let's analyze the regulatory origins, case law trends, and strategic implications for the defense.