Plea bargaining, formally known as 'application of the penalty upon request of the parties', is a legal institution that allows the defendant to agree with the public prosecutor on a reduction of the penalty. This instrument, governed by Articles 444 and following of the Code of Criminal Procedure, represents a beneficial solution to avoid a long and uncertain trial.
A special power of attorney is a document through which a person grants another the authority to represent them in a specific legal context. In the context of plea bargaining, the defendant can entrust their lawyer with the power to negotiate with the public prosecutor through a special power of attorney.
The law states that plea bargaining can be requested by the defendant or their lawyer, provided they are equipped with a special power of attorney. It is essential that the defendant fully understands the legal consequences and implications of plea bargaining, which is why the special power of attorney must be clear and specific.
"Plea bargaining offers an alternative and often quicker route to resolving criminal proceedings, but it requires careful and informed consideration."
However, plea bargaining involves waiving the right to appeal the sentence, except for specific exceptions, and accepting the conviction.
If you are considering plea bargaining or need clarification on the special power of attorney, rely on the experience of Studio Legale Bianucci. Our team of experts is ready to provide you with personalized and competent assistance.
Contact us today for a detailed and tailored consultation for your legal needs.