With the entry into force of Decree-Law of 24 February 2026, No. 23, the Italian Government has introduced a far-reaching reform touching several areas of criminal law, from public-order management to legal protection for law-enforcement officers.
Criminal liability shield for self-defence
One of the most significant changes concerns the so-called criminal shield for self-defence. The measure introduces new safeguards for those who, in the exercise of their duties, are required to use force in dangerous situations. It has sparked a broad debate between those who view it as a necessary protection and those who fear potential abuse.
Enhanced urban video surveillance
For 2026, the municipal prevention fund has been increased to EUR 54 million, of which approximately EUR 19 million are earmarked for enhancing urban video-surveillance systems. Local authorities will also be able to cover overtime costs for local police.
The evolution of the Cartabia Reform in criminal matters
On the case-law front, Court of Cassation judgment No. 109/2026 represents an advanced application of the Cartabia Reform: the judges ruled that for sexual offences where "lesser gravity" is recognised, the custodial sentence may be replaced with community service.
Declarations of unconstitutionality in 2025
The Italian Constitutional Court intervened several times in 2025 with declarations of unconstitutionality:
- Art. 34, paragraph 2, of the Criminal Code (judgment No. 55/2025)
- Art. 69, paragraph 4, of the Criminal Code (judgment No. 56/2025)
- Art. 168-bis, paragraph 1, of the Criminal Code (judgment No. 90/2025)
These rulings confirm the trend toward overcoming automatic sentencing mechanisms in favour of the principle of proportionality.
