Practical guide

How to draft the istanza di revisione (petition for revision) under Art. 630 c.p.p. with AI

2 min read · Updated September 2026 · Editorial oversight: Avv. Federico Papa

The istanza di revisione is an extraordinary remedy aimed at overturning a final criminal judgment in light of new or supervening evidence. Drafting requires extreme analytical rigor to pass the admissibility screening by the Corte d'Appello (Court of Appeal).

In brief

The istanza di revisione under Art. 630 c.p.p. is available against final conviction sentences (sentenze di condanna), summary conviction decrees (decreti penali di condanna), and plea bargain judgments (sentenze di patteggiamento). It is not a fourth instance of judgment but an exceptional remedy based on the inconciliabilità dei fatti (irreconcilability of facts), the subsequent discovery of false evidence, or prova nuova (new evidence) capable of proving the innocence of the convicted person. Jurisdiction lies with the Corte d'Appello identified according to Art. 11 c.p.p. criteria relative to the district that issued the original judgment.

The steps

  1. 1.

    Identification of the grounds for revision

    The first step involves categorizing the case into one of the four ipotesi tassative (mandatory scenarios) under Art. 630 c.p.p.: irreconcilability of facts with another final judgment, revocation of a preliminary civil or administrative judgment (revoca di una sentenza civile o amministrativa pregiudiziale), subsequent proof of the falsity of acts or facts, or the discovery of new evidence (prova nuova) which, alone or combined with already examined evidence, demonstrates that the convicted person must be acquitted. edit.legal helps map historical facts against these legal categories, ensuring the petition is not declared inadmissible for lack of specificity or manifest groundlessness.

  2. 2.

    Drafting the new evidence and grounds

    The petition must specifically indicate the reasons justifying the revision and the evidence supporting it. New evidence (prova nuova) must not have been evaluated in the previous trial on the merits. Using edit.legal, the professional can structure the logical-legal argument, demonstrating how new elements dismantle the reasoning of the challenged judgment, aiming for an acquittal (proscioglimento).

  3. 3.

    Filing and admissibility screening

    The petition is filed at the registry (cancelleria) of the competent Corte d'Appello according to Art. 11 c.p.p. The Court performs a preliminary admissibility check: if the petition is submitted outside the prescribed cases, without following proper forms, or is manifestly unfounded, it is declared inadmissible via ordinance. edit.legal assists in the formal and substantive verification of attached documentation to reduce the risk of procedural rejection.

Legal basis: Articoli 629, 630, 631, 632, 633, 634, 635, 636, 637 del Codice di Procedura PenaleArticolo 11 del Codice di Procedura Penale

Mistakes to avoid

  • Filing against judgments that are not yet final (giudicato).
  • Failure to specifically indicate new evidence or supervening facts.
  • Errors in identifying the territorially competent Court of Appeal.
  • Attempting to use revision as an ordinary appeal on the merits.

Frequently asked questions

Who can file the petition for revision?

It can be filed by the convicted person (or a close relative), the heir in case of the convicted person's death, or the Prosecutor General (Procuratore Generale) at the Court of Appeal.

Does the petition suspend the execution of the sentence?

Filing the petition does not automatically suspend execution, but the Court of Appeal may order suspension by ordinance after evaluating the circumstances.

Avv. Federico Papa
Editorial oversight: Avv. Federico Papa·ICAMContent drafted with AI support and subject to editorial source checks. Despite these controls, inaccuracies may remain: reports and rectification requests are welcome. Report a correction

What edit.legal automates

  • —Analysis of Art. 630 c.p.p. requirements for the correct qualification of grounds.
  • —Structuring new evidence (prova nuova) to demonstrate suitability for acquittal.
  • —Automatic verification of territorial jurisdiction under Art. 11 c.p.p.
  • —Generation of drafts based on Court of Cassation precedents regarding admissibility.
  • —Logical organization of the petition to facilitate the Court of Appeal's screening process.

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This guide is for informational purposes only and does not constitute legal advice for your specific case.