Receiving a criminal conviction order can create an immediate doubt: should I pay, can I contest it, or do I risk worse consequences if I file an opposition? The decisive point is that the order is not a simple payment request. It is a criminal measure that can become enforceable if it is not contested within the timeframe provided by law.

The deadline is short and the choice affects the proceedings. I want to help you understand what the order contains, when opposition makes sense, what requests can be submitted alongside it, and why it is unwise to choose solely by looking at the indicated amount. The assessment changes, for example, if you want to deny the offence, if the crime allows for an alternative procedure, or if a pecuniary penalty was applied in the order instead of a custodial sentence.

What a Criminal Conviction Order Is

The criminal order is a conviction pronounced without a trial. The public prosecutor may request it for certain offences, and the judge for preliminary investigations may apply a pecuniary penalty based on the investigation files, without a prior hearing in which the defendant presents their defence. The penalty may be reduced compared to ordinary limits precisely because the proceedings follow a simplified path.

The measure must be read in full. It is not enough to focus on the sum to be paid. The order indicates the contested fact, the rules considered violated, the essential reasons for the decision, the penalty applied, and the notices regarding possible choices. It may also contain a confiscation in cases provided for by law or the grant of a suspended sentence. The provisions of articles 459, 460, and 461 of the code of criminal procedure were amended by the criminal trial reform, which can be consulted in the text published in the Official Gazette in Legislative Decree no. 150 of 2022.

As a rule, the order does not entail procedural costs or ancillary penalties. However, this advantage does not eliminate the effects of the conviction. If the order becomes enforceable, the criminal issue does not remain open as before, and the choice not to oppose must therefore be distinguished from a decision made solely to quickly close the problem.

The Fifteen-Day Deadline and the Content of the Opposition

The opposition must be filed within fifteen days of notification of the order. The deadline runs from notification, not from the date printed on the document nor from the moment one decides to look into the matter. The defendant and, in the cases provided for, the person civilly liable for the pecuniary penalty may file it personally or through counsel.

The document must precisely identify the contested order. The details of the measure, its date, and the judge who issued it must appear; the absence of these elements can render the opposition inadmissible. It is not necessary to turn the document into a long defence on the merits, but it is essential to carefully choose which request to accompany the opposition with: certain opportunities must be exercised at that exact moment.

A late opposition can close the door to trial. If no opposition is filed, or if it is declared inadmissible, the judge orders the execution of the order. For this reason, it is useful to keep the envelope or notification documents, check the actual date of receipt, and immediately verify whether the measure was notified to the right person and in the correct manner.

A lack of actual knowledge of the order deserves separate examination. Article 175 of the code of criminal procedure provides for the reinstatement of the time limit for a defendant convicted by criminal order who did not have timely actual knowledge of it, barring voluntary waiver. However, the request must be filed within thirty days of actual knowledge of the measure; it is not an automatic option for those who simply let the fifteen days pass. The current text of Article 175 of the Code of Criminal Procedure on the reinstatement of time limits indeed distinguishes the absence of knowledge from the normal expiry of the deadline.

What Happens After the Opposition

The opposition voids the conviction order. However, it is not equivalent to an acquittal nor does it block the proceedings without further consequences. The subsequent phase provided for by the code opens, in which the facts are examined according to the requested procedure or, if no suitable request is formulated, through an immediate trial.

The choice of procedure is not a formal detail. The summary trial leads to a decision on the collected files, within the limits provided by the code; plea bargaining requires an agreement on the penalty between the prosecution and the defence, subject to judicial review; the immediate trial instead leads to a trial without a preliminary hearing. If the goal is to contest the accusation with evidence to be formed in trial, the choice does not necessarily coincide with that of someone who wants to settle the matter through a special procedure.

After the opposition, the penalty can also be more severe. In the ensuing trial, the judge revokes the criminal order and may apply a different and more severe penalty than the one set in the contested measure, as well as revoke any benefits. This does not mean that opposition should be avoided: it means that it should not be filed as an automatic gesture, without comparing the accusation, the available files, and the result that can be concretely pursued.

Why Indicate the Request Immediately

Late requests may no longer be available. Article 464 of the code of criminal procedure links the subsequent procedure to the choice contained in the opposition and precludes, in the ensuing trial, new requests for a summary trial, plea bargaining, or compounding of offences. The request for suspension of proceedings with probation, in proceedings by order, must also be submitted with the act of opposition. Waiting for the hearing to decide can therefore make one lose an alternative that would have been useful.

Opposing, Paying, or Choosing an Alternative Settlement

Paying with a one-fifth reduction means waiving the opposition. The order must warn of the possibility to pay the pecuniary penalty reduced by one fifth within fifteen days of notification. This path may be consistent with those who accept the content of the measure and want to avoid opening a trial; however, it is not a solution that immediately and indiscriminately extinguishes the offence. The extinction provided for by Article 460 of the code of criminal procedure depends on payment and the absence, for five years for felonies or two years for misdemeanours, of an offence of the same nature.

Opposition allows one to request procedures with very different purposes. The summary trial can be evaluated when the material already gathered allows for a decision without a trial and the procedure is permitted. Plea bargaining can be relevant if the legal prerequisites are met and an agreement is reached with the public prosecutor. Probation is instead a path that suspends the proceedings and requires a programme with prescriptions, restorative conduct where possible, and community service; if the probation is successful, the judge declares the offence extinguished.

Probation is not available for every accusation. It can be requested in proceedings for offences punished solely with a pecuniary penalty, or with a custodial penalty not exceeding a maximum of four years, alone, combined with, or alternative to a pecuniary penalty, in addition to certain felonies indicated by law. Furthermore, a request presented in the required forms and a treatment programme are needed, or a request to draft one to the office of external criminal execution. The institutional guidelines of the Court of Milan on criminal orders and available requests expressly recall the necessity of formulating this request with the opposition.

Compounding of Offences and Community Service: Two Hypotheses Not to Be Confused

The compounding of offences applies only to certain misdemeanours. It does not coincide with the ordinary payment of the penalty indicated in the order and is not permitted for every offence punished with a fine. When the law permits it, the application must be filed concurrently with the opposition, and the judge examines it before adopting measures on the subsequent procedure. Therefore, the precise incriminating rule matters, not just the name of the sanction.

Substitute community service can follow an independent path. If the order applies a pecuniary penalty in substitution of a custodial sentence, the defendant may request substitution with community service within fifteen days even without filing an opposition. The request does not apply to every order with a pecuniary penalty: the measure must fall within the hypothesis provided for by Article 459, paragraph 1-ter, of the code of criminal procedure and the requirements must be met, including the availability of the entity or the request for the deadline to produce it. If these prerequisites are lacking, the judge rejects the request and proceeds according to the established rules.

The Facts That Truly Change the Choice

The first piece of data is the precise content of the accusation. A distinction must be made between a fact that one believes one did not commit, a fact contested with an incomplete reconstruction, and liability that one does not intend to deny but which can be settled with an alternative procedure. The date, place, described conduct, possible complaint, referenced documents, and the presence of an offended party can change the response.

The second piece of data is the nature of the penalty applied. A simple pecuniary penalty, a pecuniary penalty replacing a custodial sentence, the grant of a conditional suspension, and a confiscation do not produce the same consequences nor do they open up the same possibilities. The amount must also be read together with the criterion used to determine it, especially when the order applies a substitute pecuniary penalty.

The third piece of data is the concrete objective. Those who want to obtain a decision on the merits do not make the same choice as those who have an interest in verifying access to probation, compounding of offences, or plea bargaining. To navigate within the short time available, it is useful to have the complete order, proof of notification, any documents already received, and documents that directly affect the facts or the conditions of a special procedure.

Frequently Asked Questions

Can I oppose even if all the elements of my defence are not explained in the order?

Yes, but the document must be timely and identify the order. The opposition does not require setting out every defensive argument immediately; however, it must contain the details of the measure, the date, and the judge who issued it. It is important to simultaneously indicate the procedure or special request one intends to propose, because certain options cannot be recovered later.

If I do not oppose within fifteen days, can I pay later and close everything?

Failure to oppose makes the order enforceable. Within fifteen days of notification, the possibility to pay the pecuniary penalty reduced by one fifth with waiver of opposition is also provided. After the deadline, the situation is no longer the same: the execution phase of the order must not be confused with a still open faculty to choose the procedure.

Can I automatically obtain an acquittal through the opposition?

No, the opposition opens the subsequent proceedings but does not decide the merits. The order is revoked, and the fact is examined in the chosen procedure or in the immediate trial. The outcome depends on the applicable rules, the items of evidence, and the legal issues of the case; furthermore, a more severe penalty may also be applied in the ensuing trial.

Can I request probation after filing a simple opposition?

The request must be filed with the opposition. In proceedings by order, the law places the application for probation right in the act of opposition. It is also necessary that the offence falls among those permitted and that there is a treatment programme or at least a request to draft one from the competent office.

Can defence counsel file the opposition in my place?

The opposition may also be filed through defence counsel. However, the individual requests accompanying the document may have further requirements, such as a personal expression of will or a special power of attorney, depending on the chosen procedure. For this reason, the delegation and the form of the document must be checked before filing, not after the deadline.

Deciding Before the Deadline

The practical rule is not to reduce the order to the indicated figure. It is necessary to understand whether the fact is contestable, what penalty was applied, whether a useful alternative procedure exists, and what effect payment produces. If you have received a criminal order and the deadline is still open, you can contact me to examine the procedural choice that corresponds to your situation.