Judgment No. 936 of 2025: Recognition of the Res Judicata Effect in Tax Proceedings

The recent judgment No. 936 of January 15, 2025, issued by the Court of Cassation, represents a significant step in Italian jurisprudence regarding the res judicata effect of criminal judgments in the context of tax law. The Court addressed the issue of the applicability of Article 21-bis of Legislative Decree No. 74 of 2000, introducing an important novelty: the res judicata effect of acquittal criminal judgments also extends to cases where such judgments became final before the entry into force of the new provision.

The Regulatory Context and the Judgment

Article 21-bis of Legislative Decree No. 74 of 2000, recently updated by Legislative Decree No. 87 of 2024, establishes that acquittal criminal judgments, issued in a trial, have a res judicata effect in tax proceedings. This means that a taxpayer who has already been acquitted of a tax offense cannot be convicted in tax matters for the same facts.

In general.

The Court specified that this new rule, characterized as 'ius superveniens', also applies to cases where the acquittal criminal judgment became final before the operation of Article 21-bis. This aspect is crucial, as it implies that taxpayers' rights are also protected retroactively, provided that at the date of entry into force of the rule, the appeal against the tax judgment was still pending.

The Implications for Taxpayers

This judgment has several important implications for taxpayers and the Italian tax system:

  • Legal Clarity: Greater legal certainty is provided to those who have been acquitted of a tax offense, avoiding duplications of judgments on facts that have already been examined.
  • Protection of Rights: Taxpayers may feel more protected, knowing that an acquittal criminal judgment will have a direct impact on tax proceedings as well.
  • Efficiency of the Judicial System: It reduces instances of litigation, contributing to greater efficiency in the legal system.

Conclusions

Judgment No. 936 of 2025 represents an important evolution in the relationship between criminal law and tax law. By recognizing the res judicata effect of acquittal criminal judgments, the Court of Cassation not only protects the rights of taxpayers but also contributes to simplifying and making the judicial system more effective. This decision offers a clear indication of how the law can evolve to ensure greater justice and protection for citizens.

Bianucci Law Firm