Commentary on Judgment No. 18772 of 2023: Plea Bargain and Illegal Sentence

Judgment No. 18772 of 2023 by the Court of Cassation proves to be of great importance in the Italian legal landscape, as it addresses the delicate issue of plea bargaining and the increase of the sentence for continuation. In particular, the Court ruled on the legitimacy of an increase in the sentence in cases of recidivism, clarifying the limits within which a plea bargain judgment can be appealed.

The Regulatory Context

The Court examined Article 81, fourth paragraph, of the Criminal Code, which governs the increase of the sentence for continuation. According to the regulations, an increase for continuation must be justified and must comply with the parameters established by law. In the case in question, it emerged that the increase in the sentence imposed was below the thresholds provided by law, leading to the declaration of the non-existence of an illegal sentence.

Analysis of the Maxim

Plea Bargain - Increase for Continuation pursuant to Art. 81, fourth paragraph, of the Criminal Code - Violation - Illegal Sentence - Non-existence. In the context of plea bargaining, an appeal to the Court of Cassation pursuant to Art. 448, paragraph 2-bis, of the Code of Criminal Procedure is inadmissible against a judgment which, having found recidivism to be present, has ordered an increase for continuation lower than the measure established by Art. 81, fourth paragraph, of the Criminal Code, as it does not fall under the hypothesis of an illegal sentence.

This maxim is crucial as it highlights a fundamental principle: not every irregularity in the determination of the sentence can give rise to appeals to the Court of Cassation. In particular, if the increase in the sentence is lower than what is established by law, an illegal sentence is not constituted, and therefore the prerequisites for an appeal do not exist. This implies that plea bargaining, as a tool for streamlining criminal proceedings, must also be respected in its final decisions.

Practical Implications for Lawyers

For legal professionals, this judgment offers important food for thought. Here are some aspects to consider:

• The need for careful evaluation of the circumstances in which a plea bargain can be proposed.
• The importance of a thorough analysis of the sentence imposed in cases of recidivism.
• Awareness that the admissibility of an appeal to the Court of Cassation is strictly linked to the constitution of the sentence.

In summary, judgment No. 18772 of 2023 not only clarifies the limits of appeals to the Court of Cassation regarding plea bargaining but also emphasizes the importance of a careful and informed approach in managing criminal cases.

Conclusions

The recent ruling by the Court of Cassation reminds us that the Italian legal system, despite its complexity, seeks to ensure a balance between justice and speed in resolving criminal disputes. This is particularly evident in the field of plea bargaining, where the certainty of the sentence and its appropriateness must always be taken into consideration. Lawyers and sector professionals must therefore be prepared to navigate these waters with competence and preparation.