Negotiated Plea in Appeal: What You Need to Know

The negotiated plea in appeal represents a significant legal solution within the context of Italian criminal law. This option allows for an agreement between the defendant and the public prosecutor, even at the appeal stage, to obtain a reduced sentence and avoid the continuation of the trial. Let's analyze together how this procedure is structured and what benefits it can offer.

What is the Negotiated Plea in Appeal?

The negotiated plea in appeal is a specific form of procedural agreement that allows the defendant to negotiate with the public prosecutor a reduced sentence compared to what could be imposed at the end of the appeal trial. This procedure is regulated by Article 599-bis of the Code of Criminal Procedure, introduced to streamline proceedings and encourage the early resolution of criminal disputes.

How Does the Negotiated Plea in Appeal Work?

The negotiated plea in appeal is activated after the pronouncement of the first-degree sentence, when the defendant decides to appeal. At this stage, the defendant and the public prosecutor can negotiate an agreement on the sentence, which must be approved by the Court of Appeal. Here are the key steps:

• Plea Proposal: The defendant, through their lawyer, proposes an agreement to the public prosecutor.
• Agreement on the Sentence: If the public prosecutor accepts, a reduced sentence is agreed upon compared to the original one.
• Court Approval: The agreement must be submitted to the Court of Appeal, which assesses whether to accept it.
• Outcome: If the Court approves, the agreement becomes final and the agreed-upon sentence is applied.

Advantages of the Negotiated Plea in Appeal

Choosing the negotiated plea in appeal offers several significant advantages:

"The negotiated plea in appeal can represent a strategic choice for those looking to reduce the risk of a harsher sentence."

• Reduction of the Sentence: One of the main benefits is the possibility of obtaining a lighter sentence compared to what could be imposed at the end of the trial.
• Avoiding the Appeal Process: Concluding an agreement allows for avoiding the prolongation of the trial and the uncertainties related to the judgment of the Court of Appeal.
• Time and Resource Savings: The negotiated plea allows for saving time and resources for both the defendant and the judicial system.

Conditions and Limitations

Despite the advantages, the negotiated plea in appeal also presents conditions and limitations that are important to know:

• Not Applicable to All Crimes: There are certain categories of crimes for which the negotiated plea is not permitted.
• Need for Agreement: The agreement must be accepted by both the defendant and the public prosecutor, and approved by the Court.
• Court Evaluation: The Court of Appeal may reject the agreement if it deems the proposed sentence inadequate.

The Role of the Bianucci Law Firm

Facing an appeal trial and considering the option of a negotiated plea requires expertise and a deep understanding of criminal law. The Bianucci Law Firm, led by Attorney Marco Bianucci, offers expert and personalized support to help you navigate these complex legal decisions. With years of experience and a dedicated team of professionals, we are ready to provide you with the necessary assistance to achieve the best possible outcome.

Don't hesitate to contact us for a personalized consultation. The Bianucci Law Firm is here to guide and support you at every stage of your legal journey.