With this guide to criminal defence, I want to clarify what changes if you are a suspect, defendant or injured party in relation to an offence. Receiving a notification may raise questions about the stage of the proceedings and the decisions to be made; having reported an offence may instead lead you to wonder whether this is already sufficient to obtain compensation.

I explain how investigations, the choice of procedure, trial and appeal are connected, without presenting them as identical steps for everyone. The starting point is to distinguish your role: this determines the rights you may exercise, the documents to examine and the alternatives to consider.

Suspect, defendant and injured party: different rights

Article 24 of the Constitution protects the right of defence at every stage of the proceedings. A suspect is a person under investigation; a person acquires the status of defendant when criminal proceedings are brought. Neither status demonstrates guilt: Article 27 of the Constitution provides that a defendant cannot be considered guilty before a final conviction.

The injured party and the person suffering loss may be the same person, but they are distinct figures: the former is the holder of the interest protected by the criminal provision, while the latter suffers compensable damage. The injured party may submit written observations and indicate evidence in accordance with the applicable rules, even without having joined the proceedings as a civil claimant.

From investigations to trial: what changes

Investigations serve to gather material for the public prosecutor's determinations. The notice of conclusion of the investigations provided for by Article 415-bis of the Italian Code of Criminal Procedure summarises the alleged facts and allows the suspect and defence lawyer to examine the deposited documents. It is not a conviction: it opens an opportunity to learn about and challenge the allegation through written observations, documents and defence requests, including a request for questioning. These rights are subject to time limits that must be verified on the notification.

The subsequent course varies according to the offence and the proceedings: not everyone goes through a preliminary hearing. At trial, evidence is generally produced in adversarial proceedings between the parties, subject to the exceptions provided by law. To convict, guilt must be established beyond any reasonable doubt, as provided by Article 533 of the Italian Code of Criminal Procedure; the mere existence of an accusation is not enough.

Which documents and evidence I would examine

I would start with the document actually received, not with the name attributed to it in conversation: a notice of conclusion of the investigations, a summons to trial and a judgment require different assessments. I would examine the charge, when formulated, the methods and dates of service, the accessible documents and any measures already ordered, in order to identify the choices that remain available.

To reconstruct the facts, I would compare statements, documents and available data. A complete conversation may have a different meaning from an isolated screenshot; a certificate may document a consequence, but not necessarily who caused it. Together with my staff, I would assess the origin, integrity and admissibility of the materials. I would avoid agreed reconstructions with witnesses or alterations to the original files.

Alternative procedures, appeal and compensation claim

The abbreviated trial, governed by Articles 438 et seq. of the Italian Code of Criminal Procedure, allows, in permitted cases, a decision generally based on the documents, with the possibility of supplementing the evidence in accordance with the rules of the procedure. It may also end in an acquittal; in the event of conviction, it provides for a reduction of the sentence. I would focus primarily on whether the available material is sufficient or whether it is decisive to examine witnesses at trial.

Plea bargaining, provided for by Articles 444 et seq. of the Italian Code of Criminal Procedure, instead concerns an agreement between the defendant and the public prosecutor on the application of a sentence, submitted to the judge. It is not enough for the parties to agree: the prescribed requirements and judicial review are necessary, including review of the legal classification of the facts and the adequacy of the sentence. The effects must be compared with the alternatives actually available.

An appeal is not an automatic repetition of the trial. It is necessary to verify whether the decision may be appealed and to formulate specific challenges to the points of the judgment. I would examine the reasoning, the evidence used and procedural issues: mere disagreement with the outcome does not identify a useful ground of appeal. The time limits and requirements for the challenge must also be reconstructed from the relevant documents, without applying the same deadline to every situation.

To seek restitution or compensation in criminal proceedings, it is necessary to join the proceedings as a civil claimant, in the forms and within the time limits provided by Articles 74 et seq. of the Italian Code of Criminal Procedure. A criminal complaint does not replace this step. Bringing an action before the civil court is an alternative, but before choosing I would assess the relationship between the proceedings, possible stays and the effects of the criminal procedure on the compensation claim.

Frequently asked questions

Is a court-appointed defence lawyer free of charge?

No: a court-appointed defence is not automatically free of charge. The appointment ensures legal representation when there is no privately chosen defence lawyer, but it does not eliminate the obligation to pay that lawyer's fees. Legal aid at the State's expense is a separate institution, subject to the requirements and procedure provided by law.

Am I already a defendant if I receive the notice of conclusion of the investigations?

The notice, by itself, does not confer the status of defendant: that status derives from the bringing of criminal proceedings. The notice communicates the conclusion of the investigations and allows the person to learn about the deposited documents and exercise the available defence rights. To identify the current situation, any subsequent documents must also be considered.

Does requesting an abbreviated trial mean admitting the offence?

No: requesting an abbreviated trial does not amount to a confession. The judge must assess the usable material and may acquit or convict. The choice mainly concerns how the decision is reached and should not be based solely on the sentence reduction available in the event of conviction.

Can I obtain compensation through plea bargaining?

The plea-bargaining judge does not decide the civil claimant's compensation claim, without prejudice to the separate rules governing legal costs. The person suffering loss may pursue the claim before the civil court. For this reason, the procedure chosen by the defendant also affects the course necessary to obtain compensation.

Can I present new evidence on appeal?

New evidence is not automatically admitted: the requirements for reopening the taking of evidence at trial must be met. I would assess why the evidence was not previously admitted, when it emerged, what fact it proves and what relevance it has, without treating the appeal as an indiscriminate opportunity to start again from the beginning.