Error in the calculation of sentences: how to act to protect your rights
Facing the enforcement phase of a criminal conviction is an extremely delicate moment, both for the person concerned and for their family members. Discovering or suspecting an error in the calculation of the cumulation of sentences inevitably causes distress, as it directly affects the remaining time to be spent in detention or the possibility of accessing alternative measures. As an attorney specializing in criminal law in Milan, Attorney Marco Bianucci deeply understands the impact that an inaccurate calculation can have on personal freedom and on the individual's reintegration process.
The cumulation order is issued by the Public Prosecutor when a person is subject to multiple final convictions. This mathematical and legal calculation serves to determine the overall sentence to be served. However, due to the complexity of the rules, ongoing case law developments, or the failure to apply statutory benefits, material or legal errors can occur that unfairly disadvantage the convicted person.
The legal framework: the incident of execution
When an anomaly is detected in the order that unifies the sentences, the Italian legal system provides a specific safeguard: the incident of execution. It is a genuine judicial proceeding held before the Execution Judge, whose purpose is to resolve disputes relating to the enforcement title and its methods of application.
Through the incident of execution it is possible to challenge the action of the Public Prosecutor by asking the Judge to redetermine the sentence. This instrument proves fundamental for asserting legal institutions favorable to the convicted person, such as recognition of the continuing offence among facts judged by different sentences, the application of pardons, amnesties or the correct assessment of periods of pre-trial detention already served (the so-called fungibility of the sentence).
The approach of the Bianucci Law Firm in criminal enforcement
The approach of Attorney Marco Bianucci, a criminal law specialist in Milan, is based on a rigorous and thorough analysis of each individual file. Addressing an incorrect cumulation of sentences requires deep technical knowledge and a meticulous historical reconstruction of all the procedural events that involved the client.
At the Bianucci Law Firm, each case is examined starting from a detailed study of the dispositive parts of the judgments, the enforcement extracts and the criminal records. The objective is to promptly identify any discrepancies, assess the correctness of the terms and make the most appropriate procedural choice to promote the incident of execution. The strategy is tailor-made, always placing the utmost protection of the client's personal freedom at the center and working with dedication to restore the correct legality of the sentence to be served.
Frequently Asked Questions
What exactly is an incident of execution?
The incident of execution is a legal procedure instituted before the Execution Judge. It serves to resolve issues or disputes that arise during the enforcement phase of a final criminal conviction, such as an error in the calculation of the days or years of sentence to be served indicated in the cumulation order.
What happens if the judge upholds the incident of execution for the incorrect cumulation?
If the Execution Judge upholds the petition, they issue an order by which the overall sentence is recalculated. This can result in a reduction of the remaining period of detention, allowing in some cases the immediate release of the person or reaching the terms necessary to request probationary release to social services or other alternative measures.
Which documents are needed to verify an error in the calculation of the sentence?
For an accurate assessment it is essential to retrieve the cumulation order issued by the Public Prosecutor, all final convictions (including reasons and operative parts), the related enforcement extracts and an up-to-date criminal record certificate. This documentation makes it possible to reconstruct the entire legal position.
Is it possible to request the application of the continuing offence at the execution stage?
Yes, it is absolutely possible. If during the trial phase (during the proceedings) the continuity relationship between offences committed with the same criminal design was not recognized, but they were judged by separate sentences, it is possible to request its recognition from the Execution Judge precisely through the instrument of the incident of execution, thus obtaining a mitigation of the total sentence.
Protect your rights: request an initial consultation
Dealing with matters related to criminal enforcement requires timeliness and technical expertise. The costs and timing of a legal proceeding depend on numerous factors specific to the individual case, such as the volume of documentation to be analyzed and the complexity of the legal issues to be raised. Contact Attorney Marco Bianucci at the Bianucci Law Firm in Milan at Alberto da Giussano Street, 26 to schedule an initial meeting. During the meeting your situation will be analyzed and a clear and transparent outline of the effort required to best protect your position will be provided.