ORDER NO. 181
YEAR 2025
ITALIAN REPUBLIC
IN THE NAME OF THE ITALIAN PEOPLE
THE CONSTITUTIONAL COURT
composed of:
President: Giovanni AMOROSO;
Judges: Francesco VIGANÒ, Luca ANTONINI, Stefano PETITTI, Angelo BUSCEMA, Emanuela NAVARRETTA, Maria Rosaria SAN GIORGIO, Filippo PATRONI GRIFFI, Marco D’ALBERTI, Giovanni PITRUZZELLA, Antonella SCIARRONE ALIBRANDI, Massimo LUCIANI, Maria Alessandra SANDULLI, Roberto Nicola CASSINELLI, Francesco Saverio MARINI,
has issued the following
ORDER
in the judgment concerning a conflict of powers arising from both the judgment of the Ordinary Court of Matera, Criminal Section, dated March 1, 2024, No. 225, issued in the criminal proceedings No. 2664/21 R.G.N.R. against the then Senator Saverio De Bonis, and the orders rejecting the exception of applicability of Article 68, first paragraph, of the Constitution and adjourning the hearings of February 3, June 9, and December 1, 2023, and February 16, 2024, initiated by the Senate of the Republic, with an appeal filed in the Registry on April 28, 2025, and registered under No. 5 of the register of conflicts between State powers for the year 2025, admissibility phase.
Heard in the council chamber on November 3, 2025, the Reporting Judge Francesco Saverio Marini;
Deliberated in the council chamber on November 3, 2025.
Whereas, with the appeal filed on April 28, 2025 (conflicts of power reg. No. 5 of 2025), the Senate of the Republic initiated a conflict between State powers against the Ordinary Court of Matera, Criminal Section, with reference both to the judgment of March 1, 2024, No. 225, and to the orders "rejecting the exception raised” and adjourning the hearings held in the related criminal proceedings ordered by the same Court on February 3, June 9, and December 1, 2023, as well as on February 16, 2024;
Whereas, with the aforementioned judgment, the Court of Matera convicted the then Senator Saverio De Bonis for the crime of aggravated defamation (Article 595, third paragraph, of the Penal Code), for having reproduced, on August 16, 2021, on his Facebook page an article dating back to 2006 published by the newspaper "La Gazzetta del Mezzogiorno,” titled "Contaminated Grain: Businessman Knew,” to which the defendant had added the following note: "it was the year 2006 and the businessman – as established – knew about the ochratoxin from the moment of the grain’s purchase in Canada”;
Whereas, on that occasion, Senator De Bonis allegedly damaged the reputation of the entrepreneur F. C., endorsing the hypothesis that the latter had placed contaminated grain into commerce, notwithstanding the acquittal reached in criminal proceedings concerning that specific fact;
Whereas, the Senate reports that, during the criminal proceedings against Senator De Bonis, the defense raised an exception concerning the non-justiciability of the conduct attributed to the defendant, as it constituted an opinion expressed in the exercise of parliamentary functions pursuant to Article 68, first paragraph, of the Constitution;
Whereas, the Court, instead of issuing a judgment of acquittal pursuant to Article 129 of the Code of Criminal Procedure, or referring the matter of non-justiciability to the Senate of the Republic by means of an order, proceeded with the trial during the hearings of February 3, June 9, and December 1, 2023, and February 16, 2024;
Whereas, finally, the Court issued the aforementioned conviction judgment (currently subject to appeal) on March 1, 2024;
Whereas, the appellant Senate contends that, by so proceeding, the Court of Matera would have violated Article 3 of Law No. 140 of June 20, 2003 (Provisions for the implementation of Article 68 of the Constitution and concerning criminal proceedings against high State officials), according to which, where an exception of non-justiciability pursuant to Article 68, first paragraph, of the Constitution is raised before the judicial authority, the criminal judge shall immediately issue a judgment of acquittal pursuant to Article 129 of the Code of Criminal Procedure, should the exception be deemed founded (paragraph 3); or an unappealable order transmitting the files to the branch of Parliament to which the defendant belonged at the time of the act, should the exception be deemed unfounded (paragraph 4);
Whereas, it is incumbent upon the relevant Chamber, having been so invested, to rule on the non-justiciability, without prejudice to the Judge’s prerogative to raise a conflict of powers before this Court;
Whereas, the procedure outlined by Article 3 of Law No. 140 of 2003—the appellant Senate continues—gives effect to Article 68, first paragraph, of the Constitution, which reserves to the Chambers the assessment regarding the existence of the prerogative;
Whereas, therefore, by failing to immediately request the intervention of the Senate of the Republic (to which the defendant belonged at the time of the act), the Court of Matera, from the adoption of the orders adjourning the hearings, would have impaired the constitutional responsibilities of the appellant, aggravating the defect by issuing a judgment of conviction, through which the occurrence of a case of non-justiciability was excluded;
Whereas, the Senate concludes that the indicated acts must therefore be annulled by this Court, with a declaration that the power to adopt them does not pertain to the Court of Matera.
Having regard that, with the appeal indicated in the heading (conflicts of power reg. No. 5 of 2025), the Senate of the Republic initiated a conflict between State powers against the Court of Matera, Criminal Section, with reference both to judgment No. 225 of 2024 and to the orders adjourning the hearings held in the related criminal proceedings ordered by the Court on February 3, June 9, and December 1, 2023, as well as on February 16, 2024;
Whereas, the criminal proceedings concern the then Senator De Bonis, who allegedly defamed the injured party by means of a post published on his Facebook page;
Whereas, the Court of Matera allegedly impaired the constitutional prerogatives of the Senate by failing to submit to it the issue concerning the non-justiciability of the opinions expressed in this manner by the defendant in the exercise of parliamentary functions, despite this aspect having been raised during the trial;
Whereas, in this phase of the proceedings, this Court is called upon to rule, in a council chamber and without adversarial proceedings, on the existence of the subjective and objective requirements prescribed by Article 37, first paragraph, of Law No. 87 of March 11, 1953 (Provisions on the establishment and functioning of the Constitutional Court), that is, to decide whether the conflict has arisen between bodies competent to definitively declare the will of the power to which they belong and for the delimitation of the sphere of attributions determined for the aforementioned powers by constitutional norms, leaving any further question, including admissibility, without prejudice;
Whereas, as regards the subjective requirement, the active standing of the appellant Senate of the Republic to promote a conflict between State powers is recognized, as the body competent to definitively declare its will regarding the application of Article 68, first paragraph, of the Constitution (ex plurimis, Order No. 34 of 2024);
Whereas, likewise, the passive standing of the Court of Matera must be recognized, as a judicial body, in a constitutionally guaranteed position of independence, competent to definitively declare, in the exercise of the functions attributed to it, the will of the power to which it belongs (ex plurimis, again Order No. 34 of 2024);
Whereas, regarding the objective aspect, the appellant alleges the impairment of its constitutionally guaranteed sphere of attributions, as a consequence of an allegedly injurious exercise of the judicial function;
Whereas, therefore, the subjective and objective requirements for a conflict exist, the resolution of which falls within the competence of this Court;
Whereas, pursuant to Article 37, fourth paragraph, of Law No. 87 of 1953, notification of the appeal and of the present order must also be given to the Chamber of Deputies, given the identity of the constitutional position of the two branches of Parliament concerning the substantive issues to be addressed (ex multis, Orders No. 133 of 2025, No. 179 of 2023, No. 250 of 2022, No. 91 of 2016, and No. 137 of 2015).
for these reasons
THE CONSTITUTIONAL COURT
1) declares admissible, pursuant to Article 37 of Law No. 87 of March 11, 1953 (Provisions on the establishment and functioning of the Constitutional Court), the appeal for conflict of State powers indicated in the heading, initiated by the Senate of the Republic against the Ordinary Court of Matera, Criminal Section;
2) orders:
a) that the Registry of this Court immediately communicate the present order to the Senate of the Republic;
b) that the appeal and the present order be served, by the appellant, upon the Ordinary Court of Matera, Criminal Section, and the Chamber of Deputies within sixty days from the communication referred to in point a), to be subsequently filed, with proof of service, at the Registry of this Court within the thirty-day period established by Article 26, paragraph 3, of the Supplementary Rules for proceedings before the Constitutional Court.
So decided in Rome, at the seat of the Constitutional Court, Palazzo della Consulta, on November 3, 2025.
Signed:
Giovanni AMOROSO, President
Francesco Saverio MARINI, Rapporteur
Roberto MILANA, Director of the Registry
Filed in the Registry on December 4, 2025
The anonymized version conforms, in text, to the original