Facing criminal proceedings involving multiple violations of law represents one of the most complex and delicate situations for anyone having to defend their personal liberty. When multiple crimes are charged against a single individual, the primary concern inevitably revolves around the extent of the final penalty and how it will be calculated by the judge. As a criminal lawyer in Milan, Avv. Marco Bianucci deeply understands the anxiety that arises from uncertainty about one's judicial future and the possible duration of a sentence. It is essential to know that our legal system provides specific mechanisms to mitigate the severity of sanctions when there is a connection between the different offenses committed, preventing the arithmetic sum of penalties from leading to disproportionate outcomes.

Distinction Between Material Concurrence and Formal Concurrence

To understand how the final sanction will be determined, it is essential to distinguish between the two main forms of plurality of offenses: material concurrence and formal concurrence. Material concurrence occurs when a subject, through multiple distinct actions or omissions, violates different legal provisions or the same provision multiple times. In this scenario, the general rule provided by the penal code is that of the so-called material accumulation of penalties, meaning the arithmetic sum of the sanctions provided for each individual crime. This mechanism can lead to very severe sentences, as each offense is punished independently, summing years of imprisonment and monetary sanctions up to the maximum limits provided by law.

The situation is different in formal concurrence, which occurs when the subject, with a single action or omission, violates different legal provisions or commits multiple violations of the same provision. In this case, the legislator has provided for a more favorable sanctioning treatment, known as legal accumulation. Instead of summing the penalties, the penalty provided for the most serious violation is applied, increased up to three times. This principle also applies to the so-called continued offense, meaning when multiple actions, although distinct in time, are carried out in execution of the same criminal design. Understanding these distinctions is vital for establishing an effective defense strategy.

The Bianucci Law Firm's Approach to Penalty Calculation

Avv. Marco Bianucci, an expert criminal lawyer in Milan, handles cases of multiple offenses with an analytical and strategic approach aimed at containing the sanction. The firm's priority is to identify, from the preliminary stages of the proceedings, all elements that may allow the plurality of offenses to be brought under the constraint of continuation. Demonstrating the existence of a single criminal design that links the various illicit episodes is often the key to transforming a potentially extremely burdensome material accumulation into a much more sustainable legal accumulation for the client.

The defense strategy is not limited to the trial phase but also carefully evaluates alternative procedures such as plea bargaining. Through plea bargaining, the criminal lawyer can agree with the Public Prosecutor on the penalty amount, already including the calculation of legal accumulation and benefiting from a further reduction of up to one-third of the sanction. Avv. Marco Bianucci examines every detail of the case file to assess whether plea bargaining represents the best choice to guarantee the client's freedom or the least possible restriction, or whether it is preferable to proceed to trial to prove the non-existence of the charged offenses.

Frequently Asked Questions

What is the practical difference between material accumulation and legal accumulation?

The difference lies in the method of calculating the final penalty and is substantial. In material accumulation, the penalties for each individual crime are summed arithmetically (e.g., 2 years + 3 years = 5 years). In legal accumulation, applied in formal concurrence and continued offenses, the penalty for the most serious crime is taken and increased by a portion, without ever exceeding three times the base penalty (e.g., 3 years increased by 1 year = 4 years), almost always resulting in a lower sentence.

When can the application of a continued offense be requested?

A continued offense can be recognized when multiple crimes, even if committed at different times, were carried out in execution of the same criminal design. It is necessary to demonstrate that the perpetrator had planned the series of offenses from the outset as stages of a single project. The intervention of an expert criminal lawyer is crucial to gather and present the evidence that attests to this unity of purpose.

Is it always advisable to choose plea bargaining in cases of multiple offenses?

There is no single answer, as each case has unique specificities. Plea bargaining offers the certain advantage of a penalty reduction of up to one-third and the possibility of agreeing on the penalty amount, avoiding the uncertainty of a trial. However, it implies a renunciation of fully asserting one's innocence. The advisability must be carefully evaluated with one's defense counsel, analyzing the strength of the prosecution's evidence and the concrete risks of a more severe sentence.

What happens if the crimes were judged with different sentences?

Even if the crimes were judged in separate proceedings and with final judgments, it is possible to request the recognition of continuation or formal concurrence during the execution phase. Through an execution incident, the lawyer can ask the Execution Judge to redetermine the penalty by applying legal accumulation, thereby reducing the remaining sentence to be served.

Request a Case Evaluation in Milan

If you are involved in proceedings concerning multiple charges or must face the execution of concurrent sentences, it is essential to act promptly to protect your rights. Avv. Marco Bianucci, with his consolidated experience as a criminal lawyer, is available to analyze your legal position and identify the most suitable path to optimize penalty calculation. The Bianucci Law Firm receives clients in Milan at via Alberto da Giussano, 26. Contact the firm today for a confidential and professional consultation.