The Constitutional Court (CC), in Judgment No. 152 of 24 July 2026, declared unconstitutional the questions concerning the constitutional legitimacy of Article 580 of the Criminal Code, insofar as it makes the non-punishability of assisted suicide conditional upon the patient being dependent on life-sustaining treatments.

The question had been raised by the Preliminary Investigation Judge (GIP) of the Court of Bologna in the context of a criminal proceeding against three members of the Luca Coscioni Association for the assistance provided to a woman suffering from an irreversible neurodegenerative disease. Representatives of the Association had accompanied her to Switzerland to access assisted suicide. The GIP asked the Constitutional Court to extend the non-punishability of assisted suicide to all patients capable of self-determination and suffering from irreversible diseases that cause intolerable suffering, eliminating the requirement of being on life-sustaining treatment.

In the reasons for the decision the Court confirmed the line already expressed in rulings no. 135 of 2024 and No. 66 of 2025. The Consulta reiterated that the previous ruling no. 242 of 2019 did not recognise a general right to end one's life in any situation of suffering, but considered it unreasonable to preclude access to assisted suicide only to those patients who already benefit from the right to refuse life-saving treatment under Law no. 219 of 2017 and Article 32.2 of the Constitution.

The Court also declared inadmissible the question raised in reference to Article 117.1 of the Constitution and Article 8 of the European Convention on Human Rights (ECHR) on the right to respect for private and family life, for lack of reasoning, recalling the recent case law of the European Court of Human Rights.

The Constitutional Court emphasized the need to balance the principle of self-determination enshrined in Articles 2, 13, and 32 of the Constitution with the State's duty to safeguard human life and protect vulnerable individuals from potential abuse or indirect social pressure. The Court concluded that any expansion of access to assisted suicide for patients not dependent on life support falls within the discretion of the legislator, who is responsible for identifying the appropriate balance, along with strengthening the palliative care network managed by the National Health Service (SSN).