The phase following the final and unappealable judgment of a conviction is often mistakenly considered a moment where there is no longer room for technical defense. On the contrary, the execution phase presents numerous critical issues and opportunities that require constant vigilance and specific expertise. As a criminal lawyer in Milan, Avv. Marco Bianucci regularly assists his clients through the instrument of the execution incident, a fundamental procedural mechanism for resolving issues that arise during the serving of a sentence or for correcting errors contained in the enforcement order.

The Role of the Execution Incident in the Criminal System

The execution incident is a jurisdictional proceeding provided for by the Italian Code of Criminal Procedure (art. 666 c.p.p.) which takes place before the Execution Judge. Its primary function is to settle disputes relating to the enforcement order, i.e., the final conviction judgment, and the methods of its execution. This is not a new level of judgment on the merits of the crime, but rather a technical phase aimed at ensuring that the sentence is executed in compliance with legality and the rights of the convicted person.

The issues that can be addressed through this institution are numerous and have a significant impact on personal liberty. These range from the request for the application of the discipline of the continuing crime, which allows for the recalculation of the overall sentence in case of multiple convictions, to the application of amnesty or pardon. Furthermore, the execution incident is the appropriate venue to discuss the revocation of previously granted benefits, such as the conditional suspension of the sentence, or to contest the application of illegitimate or incorrectly calculated accessory penalties.

The Bianucci Law Firm's Approach to Criminal Execution

The approach of Avv. Marco Bianucci, a lawyer expert in criminal and execution law, is based on a meticulous analysis of the execution file and the client's legal position. Often, calculation errors by the Public Prosecutor's Office or the failure to apply favorable subsequent laws can lead to a longer detention than necessary or the imposition of unjustified restrictions. At the Bianucci Law Firm in Milan, every execution order is carefully examined to verify the correctness of the cumulation of sentences and the existence of prerequisites for initiating an execution incident.

The defense strategy is not limited to formal verification but extends to a substantive assessment of the convicted person's situation. When dealing with cases of revocation of alternative measures or prison benefits, the goal is to demonstrate to the Execution Judge that the rehabilitative path has not been interrupted or that the alleged violations are not of such gravity as to justify an escalation of the punitive treatment. A deep knowledge of case law allows the firm to build solid appeals, aimed at achieving the most favorable outcome possible, whether it be the recalculation of the sentence or the maintenance of a benefit.

Frequently Asked Questions

What exactly is an execution incident?

It is a proceeding that takes place before the Execution Judge to resolve issues relating to the effectiveness or execution of a final conviction judgment. It is used to correct errors, apply the continuing crime, or discuss the revocation of benefits such as conditional suspension.

When is it necessary to contact a criminal lawyer for execution matters?

It is essential to consult a lawyer as soon as you receive an execution order or when changes occur in your detention situation, such as notification of a benefit revocation. Timely intervention allows for verification of the correctness of sentence calculations and the submission of appropriate requests to the competent judge.

Can one request the cancellation of an accessory penalty?

Yes, through an execution incident, it is possible to contest the application of accessory penalties if they have been applied erroneously or if the legal prerequisites no longer exist. It is necessary to assess the specific case to understand if there are grounds for an appeal.

What happens if my conditional suspension of sentence is revoked?

If the conditional suspension of the sentence is revoked, the prison sentence previously suspended must be served. However, it is possible to oppose the revocation through an execution incident if it is believed that the legal prerequisites for such a measure do not exist, for example, by demonstrating that no new crime of the same nature has been committed within the prescribed period.

Request an Assessment of Your Execution Situation

If you or a family member are facing issues related to the execution of a sentence, the revocation of benefits, or the calculation of detention, it is crucial to act quickly and with technical expertise. Avv. Marco Bianucci is available to analyze your legal situation and assess the possibility of initiating an execution incident.

Contact the Bianucci Law Firm at its Milan office, located at Via Alberto da Giussano, 26, to schedule an appointment and protect your rights, even in the execution phase.