Plea Bargaining and Immediate Judgment: Let's Discover What the Law Says

In the landscape of Italian criminal law, plea bargaining and immediate judgment represent two fundamental legal institutions, offering alternative solutions to the ordinary trial process. Understanding when and how to request these procedures can make a difference in terms of timing and judicial outcomes.

What is Plea Bargaining?

Plea bargaining, technically known as 'application of the penalty upon request of the parties', is a procedure that allows the defendant and the public prosecutor to agree on a penalty, which will then be ratified by the judge. This tool is particularly useful for those who wish to reduce the duration of the proceedings and obtain sentence discounts, avoiding a lengthy trial.

When is it Possible to Request Plea Bargaining?

  • The offense must fall under the jurisdiction of a single-judge court.
  • The agreed penalty must not exceed 5 years of imprisonment, even if combined with a monetary penalty.
  • It is not applicable to particularly serious offenses, such as those related to mafia association.

Immediate Judgment: A Path to Speed

Immediate judgment is a procedure that allows skipping the preliminary hearing phase, leading directly to the trial phase. This option, determined in most cases by the prosecuting authority, is applicable when the evidence against the defendant appears evident and does not require further investigation.

Requirements for Accessing Immediate Judgment

Immediate judgment can be requested by the public prosecutor within ninety days from the date on which the defendant received notification of the closure of the preliminary investigations.

  • Need for speed in the process.
  • Clear evidence against the defendant.
  • Request submitted within the established deadlines.

Conclusion

Understanding the opportunities offered by plea bargaining and immediate judgment can be crucial for an effective defense strategy. If you are involved in a criminal proceeding and wish to explore these options, we invite you to contact the Bianucci Law Firm. Thanks to the experience of Attorney Marco Bianucci and his team of experts, you will receive the necessary assistance to best address your legal situation.

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