Plea Bargaining and Abbreviated Procedure: Pros and Cons

In the context of Italian criminal law, plea bargaining and abbreviated procedure represent two alternative procedures to the ordinary trial, offered to the defendant to resolve the proceedings more quickly and efficiently. However, each of these options carries advantages and disadvantages that are essential to fully understand.

Plea Bargaining: An Informed Choice

Plea bargaining, also known as application of the penalty upon request of the parties, allows the defendant to agree with the public prosecutor on a reduced penalty compared to what could be imposed in an ordinary trial. The main advantages include:

• Reduction of the penalty by up to one third.
• Quick closure of the proceedings, avoiding a lengthy public trial.
• Possibility of avoiding the application of accessory penalties.

However, plea bargaining also has some disadvantages:

• Acceptance of guilt, which may have future repercussions.
  

Abbreviated Procedure: An Alternative Path

The abbreviated procedure is another option that allows the resolution of the trial based solely on the evidence collected during the preliminary investigations. The main benefits include:

• Reduction of one third of the expected penalty.
• Possibility of a quick resolution of the case.

Among the disadvantages of the abbreviated procedure are:

• Decision based exclusively on the evidence already collected, without further possibilities for additional evidence.
• Less predictable outcomes compared to plea bargaining.

Civil Effects of Procedural Choices

Both procedures, while being of a criminal nature, can have significant effects also on a civil level. The decision to plea bargain or to opt for the abbreviated procedure may influence any subsequent damage compensation proceedings by the victims.

"The choice between plea bargaining and abbreviated procedure must be carefully considered, evaluating not only the criminal aspect but also the long-term implications."

For in-depth and personalized advice, contact the Bianucci Law Firm. The team of experts is ready to provide you with the necessary assistance to best handle your case.