The summary proceedings represent one of the procedural options within the framework of the Italian criminal trial, designed to accelerate judicial times while simultaneously granting sentence reductions to defendants. However, this choice does not always prove to be the most advantageous. In this article, we will explore the situations in which it might be wiser not to opt for summary proceedings, providing a detailed guide and practical advice.
Before analyzing when it is not advisable to choose summary proceedings, it is essential to understand what they are. Summary proceedings are a way to conclude the criminal trial that allows avoiding the debate, enabling the judge to decide based on the evidence collected during the preliminary investigations.
Main advantage: the sentence reduction, which can reach up to one third compared to the sentence that would be imposed in ordinary proceedings.
While offering evident advantages in terms of sentence reduction, summary proceedings are not always the best choice. Let's look at the scenarios in which it might be more prudent to opt for another defense strategy.
If the evidence against the defendant is weak or insufficient, summary proceedings may not be advantageous. In an ordinary trial, the possibility of dismantling the evidence through cross-examination could lead to an acquittal.
When the case is particularly complex or involves intricate legal issues, ordinary proceedings can provide the time and space needed to develop a more articulated and thorough defense.
Complexity may arise from:
In some cases, a favorable legislative change for the defendant may be anticipated. In these situations, waiting for the evolution of the laws could prove to be a winning strategy.
The choice of summary proceedings should not be taken lightly. It is essential to carefully evaluate the strength of the evidence, the complexity of the case, and the defense prospects. The Bianucci Law Firm, thanks to the experience and expertise of its team, can offer you personalized advice to help you make the most appropriate decision for your situation.
Contact the Bianucci Law Firm for assistance and clarification on this topic. We are at your disposal to guide you with professionalism and dedication.