Facing a criminal trial is a complex experience, and discovering that the original charge has been modified or aggravated during the proceedings can cause significant disorientation. A supplementary charge during the hearing represents a critical juncture in the proceedings, requiring an immediate and impeccably strategic response. As a criminal lawyer in Milan, Avv. Marco Bianucci deeply understands the impact of these new accusations and intervenes to ensure that the defendant's right to defense remains fully protected, rebalancing the forces at play.

The Legal Framework: What is a Supplementary Charge

In the Italian criminal justice system, the principle of correlation between the charge and the verdict is fundamental. However, the code of criminal procedure provides for natural exceptions during the trial phase. When the evidentiary proceedings reveal new facts, aggravating circumstances not previously considered, or offenses connected to the one being prosecuted, the Public Prosecutor has the power to amend the indictment. This dynamic, although provided for by law, exposes the defendant to a new defensive scenario compared to the one for which they prepared at the beginning of the trial.

Faced with an amendment to the indictment, the legislator provides precise tools to protect the defendant. The most important right at this stage is the possibility to request a defense period. This period, granted by the Judge, is essential to allow the defense to reorganize, study the new elements that have emerged, and gather the necessary evidence to counter the new accusatory narrative. Without the timely and correct activation of these guarantees, there is a risk of suffering serious procedural prejudice.

The Strategic Approach of the Bianucci Law Firm

Managing a supplementary charge allows for no improvisation. The approach of Avv. Marco Bianucci, an expert criminal lawyer in Milan, is based on clarity of analysis and promptness of reaction. The first step always consists of an immediate assessment of the legitimacy of the new charge formulated by the Public Prosecutor, verifying that the legal prerequisites are met and immediately requesting an adequate defense period to freeze the situation and regain control of the strategy.

Subsequently, the Bianucci Law Firm proceeds with a meticulous analysis of the hearing minutes and the evidence that generated the new charge. Every detail is examined to identify inconsistencies or opportunities for admitting new exculpatory evidence. The defense is then recalibrated, also evaluating the opportunity, where the law permits and strategy suggests, to access alternative proceedings in response to the new charge. The primary objective always remains to build a solid defensive barrier, protecting the client's rights at every stage of the trial.

Frequently Asked Questions

What exactly happens if the Public Prosecutor changes the charge during the hearing?

When the Public Prosecutor amends the indictment, the original charge is updated or supplemented based on what has emerged during the trial. This means the defendant will have to defend themselves not only from the initial act but also from the new circumstances or additional facts that have just been charged. The Judge will read it out immediately, and the defense must promptly take action to assert their rights, so as not to passively suffer the change in the procedural scenario.

Can I ask for time to defend myself against the new charge?

Absolutely. The code of criminal procedure guarantees the defendant the right to request a defense period. If the defense requests it, the Judge is obliged to suspend the trial and grant a reasonable period, established by law, to allow the lawyer to study the new charge, prepare an adequate strategy, and request the admission of new specific evidence to counter the facts just charged.

Is it possible to request an alternative proceeding after a supplementary charge?

Following an amendment to the indictment, the law provides, under certain conditions, the option for the defendant to request admission to alternative proceedings, such as plea bargaining or the abbreviated procedure, in relation to the new charge. This is an extremely delicate evaluation that must be carried out with great care, analyzing the pros and cons of the new procedural situation to identify the most favorable path for the client's position.

Face the New Charge with a Solid Defense

Facing an amendment to the indictment during a trial requires a vigilant, prepared defense capable of rapid adaptation. If you find yourself facing a supplementary charge, it is crucial not to waste precious time. Contact Avv. Marco Bianucci at the Milan office at via Alberto da Giussano, 26, to analyze the hearing minutes in detail and build a rigorous and effective defense strategy.