After the Battle of Asiago, he and his 2nd Lt Fabio Filzi were captured by the Austrian forces on 10 July 1916 and faced a court-martial in his hometown Trento at the Castello del Buonconsiglio, charged with high treason. Though Battisti officially enjoyed parliamentary immunity, he was sentenced to death by strangulation. He requested a military execution by firing squad so as to not dishonor the Italian Army uniform, but the judge denied his request and instead procured for him some shabby civilian clothes. Dressed in these, he was executed (hanged and garrotted) the same day, the brutality of which was increased by the fact that executioner botched the job so that Battisti actually was hanged twice.