The Immediate Judgment Decree: What It Means and How to Act
Receiving notification of a decree ordering immediate judgment is a moment that understandably causes concern. This particular criminal procedure, in fact, accelerates justice by eliminating the preliminary hearing phase and taking the defendant directly to trial. In this crucial phase, promptness and clarity in defensive choices are decisive for the outcome of the entire proceeding.
As an experienced criminal law attorney in Milan, lawyer Marco Bianucci deeply understands the psychological impact and practical urgencies that arise from such notification. The primary objective in these cases is to immediately analyze the case files to understand the most appropriate defense strategy to protect the client's position.
Why Is Immediate Judgment Ordered?
The Italian Code of Criminal Procedure provides for immediate judgment primarily in two circumstances. The first, and most frequent, occurs when the Public Prosecutor believes that the evidence against the suspect is evident, and provided that the suspect has been interrogated or has refused to appear for interrogation. The second hypothesis occurs when the suspect is in a state of precautionary detention in prison or under house arrest for the crime being prosecuted.
The fundamental characteristic of this procedure is its speed. Precisely to balance this acceleration and the loss of the preliminary hearing filter, the law grants the defendant the possibility to request access to alternative procedures that provide for sentence reductions in case of conviction, such as abbreviated judgment or the application of a sentence upon request of the parties, commonly known as plea bargaining.
The Bianucci Law Firm's Approach to Choosing the Procedure
Notification of the immediate judgment decree triggers a peremptory deadline, usually fifteen days, within which the defense must file any request for an alternative procedure. The approach of lawyer Marco Bianucci, as a criminal lawyer in Milan, is based on a meticulous and immediate study of the Public Prosecutor's file. There are no predetermined choices: each case requires a tailored evaluation.
If the analysis of the documents reveals that the evidence against the defendant is indeed overwhelming, choosing an alternative procedure like the abbreviated judgment may represent the most logical strategy to benefit from a one-third reduction in the sentence. Conversely, if the investigations have gaps or there are ample margins to contest the charges by examining witnesses and experts, facing the ordinary trial might prove to be the most correct path. The Bianucci Law Firm supports the client in this complex decision, clearly and transparently illustrating the pros and cons of each procedural option.
Frequently Asked Questions
What happens if I do nothing after receiving notification of immediate judgment?
If no request for an alternative procedure is filed within the deadlines provided by law, the proceeding will follow its natural course. This means that the ordinary trial phase will open before the competent judge, where the prosecution and defense will present their respective evidence, witnesses, and consultants, without being able to benefit from any automatic sentence reduction in case of a potential conviction.
How many days do I have to request abbreviated judgment or plea bargaining?
From the date the decree ordering immediate judgment is notified, the defendant, through their lawyer, has a peremptory period of fifteen days to file the request for abbreviated judgment or plea bargaining with the registry of the Preliminary Hearing Judge. Failure to meet this deadline irrevocably forfeits the right to access these preferential procedures.
Is it possible to oppose the Public Prosecutor's decision to request immediate judgment?
There is no direct opposition provided against the decree ordering immediate judgment, as it is an assessment of the existence of evident proof made by the Preliminary Hearing Judge at the request of the Public Prosecutor. However, the defense is exercised precisely through the option to choose an alternative procedure or by facing the trial to demonstrate the unfoundedness of the charges in the natural forum of the trial.
Protect Your Rights: Contact Bianucci Law Firm
The tight deadlines following the notification of an immediate judgment require swift and considered action. Letting days pass without a clear strategy means forfeiting fundamental defensive opportunities. Contact lawyer Marco Bianucci to schedule an initial consultation at the firm's office in Milan at via Alberto da Giussano, 26. Together, we will promptly analyze your case, carefully evaluate the documents, and define the most solid procedural strategy to protect your position and your rights.