The negotiated plea in continuation represents a particular way of resolving a criminal proceeding in which the defendant, acknowledging their guilt, can obtain a reduced sentence. This legal institution is governed by Article 444 of the Italian Code of Criminal Procedure.
The negotiated plea in continuation occurs when a defendant acknowledges having committed multiple offenses that, while distinct, have a logical or temporal connection between them. The law provides that, in these cases, it is possible to request a reduction of the sentence, calculating the legal aggregation of the penalties provided for each offense committed.
"The continuation between offenses allows for the application of a single penalty, more favorable than the sum of the penalties provided for each offense."
Italian legislation specifies that to obtain the negotiated plea in continuation, the defendant must submit a request to the competent judge. This request must be accompanied by a detailed description of the offenses and the circumstances justifying the connection of continuation, in addition to the agreement on the penalty with the public prosecutor.
The calculation of the sentence in the regime of continuation involves the application of a base penalty, increased for each subsequent offense. The judge, in the presence of an agreement between the parties, determines the final penalty, which cannot exceed certain limits established by law.
To initiate the procedure, it is necessary to submit a formal request for a negotiated plea, accompanied by all necessary details for the assessment of the case.
If you find yourself in a situation of having to face a criminal proceeding and are considering the negotiated plea in continuation, it is essential to have a team of experts by your side. The Bianucci Law Firm is at your disposal to offer tailored legal advice and assistance. Do not hesitate to contact us to clarify any doubts and receive the necessary support to handle your case with competence and professionalism.