Calculation of the Imposable Sentence in Continuation Plea Bargaining

When addressing the topic of sentence calculation in the context of a request for continuation plea bargaining, it is essential to understand how the principle of the inviolability of the criminal judgment influences this process.

Continuation Plea Bargaining: An Introduction

Plea bargaining, also known as application of the sentence upon request of the parties, represents an essential tool in Italian criminal law. It allows the defendant to agree on a sentence with the Public Prosecutor, thus avoiding a lengthy judicial proceeding in exchange for a reduction in the sentence.

Principle of Inviolability of the Criminal Judgment

The principle of inviolability of the criminal judgment is a cornerstone of our legal system. It establishes that a final judgment cannot be modified, except in exceptional cases provided for by law. This principle is particularly relevant in the calculation of the imposable sentence, as any agreement reached must respect the judgment already issued.

Sentence Calculation: Practical Aspects

• Assessment of Conducts: In the case of continued offenses, it is crucial to assess the severity and type of conducts to determine the overall sentence.
• Determination of the Base Sentence: The base sentence must take into account the penalties provided for each offense, applying an increase for continuation.
• Reduction for Plea Bargaining: Once the overall sentence is determined, the reduction provided for plea bargaining is applied, which can be up to one-third.

"The calculation of the sentence must be precise and respectful of current regulations, while ensuring the effectiveness of the judgment."

Conclusion

The calculation of the sentence in continuation plea bargaining requires careful legal analysis and a deep understanding of the applicable rules. For competent and personalized assistance, we invite you to contact the Bianucci Law Firm. Our team of experts is ready to support you in every phase of the procedure.