sentenza

Sentenza is an Italian legal term referring to a formal judicial decision issued by a court at the conclusion of a civil or criminal proceeding. It resolves the dispute by establishing liability or guilt, and it may impose obligations, penalties, damages, or other specific remedies. The concept encompasses decisions issued by different courts within the Italian system, from trial courts to the highest levels.

A sentenza typically comprises two main parts. The dispositive part states the ruling (for example, condenna, assoluzione, risarcimenti) and the operative orders that follow from it. The motivazione, or reasoning, explains the factual findings, the legal norms applied, and the grounds on which the court based its decision. In many cases, the motivation also addresses why other alternative conclusions were not accepted.

Types and stages. Sentenze di primo grado are issued by trial courts and can be appealed in the ordinary appellate process with sentenze di appello. After appeal, the case may be reviewed by the Corte di Cassazione, which assesses only legal aspects and ensures consistent interpretation of the law. Sentenze can be civil, penali, or amministrative, and their content and form vary accordingly, but all share the standard structure of operative decision and formal motivation.

Effects and enforceability. Once there is no further ordinary appeal, a sentenza may become final (passata in giudicato) and enforceable (esecutiva). Enforceability allows the winning party to compel compliance or collection through legal mechanisms. The concept of a sentenza thus encompasses both the resolution of dispute and the subsequent procedural consequences for the parties involved.