The Court of Cassation ruled on Monday that the magistrate was wrong to use the word 'tette' in official documents, but said he should not face formal disciplinary proceedings.
According to Ansa news agency, the supreme court made the ruling following a complaint that a prosecuting magistrate from Torre Annunziata, a town in Campania, had used the word "tette" ("tits") to refer to the area where two men had touched an underage girl.
'Tette' is considered a colloquial term for the mammary glands, as opposed to the more anatomical and formal "seni", for instance.
The word was written in an judgement against the two men, who were sentenced to four years and six months in prison.
"This is a term belonging to common and colloquial uncouth language but it does not carry a specific connotation of vulgarity," the court’s judges said in their finding.