The preliminary investigations judge in the Lombard capital, where Cappato turned himself to police, has sent the documents to the supreme court.
The court is to assess the constitutional legitimacy of the crime of aiding and abetting suicide, for which Cappato is charged.
Cappato is alleged to have accompanied two people to die in a Swiss clinic.
The cases concern Romano, 82, a former journalist and publicist, confined to a bed by a severe form of Parkinson’s disease, and Elena, 69, a Venetian terminally ill with cancer.
Prosecutors in the cases had asked for charges to be dropped in the light of previous Constitutional Court rulings, which have been used to justify some but not all assisted suicide cases involving Italians.
ANSA
