The abbreviated procedure is a special procedure provided by the Italian code of criminal procedure, which allows for a faster verdict compared to the ordinary trial. This procedural choice can be advantageous for the defendant, as it leads to a reduction of the penalty in case of conviction. Let’s explore together how this procedure works, the necessary application to activate it, its characteristics, and the timelines involved.
The abbreviated procedure is one of the alternative methods for resolving criminal proceedings compared to the ordinary procedure. Introduced into the Italian legal system to streamline criminal proceedings, it allows for a verdict based on the evidence collected during the preliminary investigations, without the need for a trial phase.
The abbreviated procedure is based on an evaluation of the already gathered evidence. The defendant, or their lawyer, can request it from the investigating judge or, in some cases, from the trial judge. The judge, upon evaluating the request, can decide whether to accept it or not. If accepted, the trial will proceed without the taking of evidence in court, based on the existing documentation.
The application for the abbreviated procedure must be submitted within specific deadlines, which vary depending on the procedural phase. Usually, the application should be made before the closure of the preliminary hearing. It is essential that the defendant or their defense attorney present the request in writing, justifying the choice and highlighting the advantages of an immediate resolution of the proceeding.
One of the main characteristics of the abbreviated procedure is the reduction of procedural timelines. Once the application is accepted, the judge is required to make a ruling within a relatively short time, with a verdict that is usually issued during the same hearing. This helps to avoid the long waits typical of ordinary proceedings.
"The abbreviated procedure represents a strategic choice that can significantly influence the outcome of the criminal trial, requiring careful consideration by the defendant and their lawyer."
The choice of the abbreviated procedure involves a series of complex legal evaluations. It is crucial to rely on a lawyer experienced in criminal law, capable of analyzing the specific situation and advising on the most appropriate course of action to take. The Bianucci Law Firm, with its experience and deep knowledge of the legal system, represents a point of reference for those facing a criminal proceeding.
If you are facing a criminal proceeding and are considering the option of the abbreviated procedure, contact the Bianucci Law Firm. The team of experts will be by your side to offer you support and personalized advice, guiding you in making the best choice for your case.