Targeted procedural choices to resolve criminal proceedings without an ordinary trial. When defence strategy depends on choosing the right procedure.
Plea agreement and other alternative procedures allow criminal proceedings to be resolved, where the legal requirements are met, through routes other than an ordinary trial. The choice of procedure is never automatic: it requires an assessment of the case file, the strength of the prosecution case, the likely sentence, and the civil, administrative, professional and personal effects of the decision.
The plea agreement, governed by Article 444 of the Italian Code of Criminal Procedure, allows the defendant and the Public Prosecutor to request the application of an agreed sentence within the limits set by the law. The abbreviated trial, governed by Article 438 of the Italian Code of Criminal Procedure, allows the case to be decided on the basis of the case file, subject to the forms of evidentiary supplementation permitted by law.
Avv. Vecce assists clients in assessing whether an alternative procedure is appropriate, estimating sentencing risk, examining the wider effects of the procedural choice and preparing the necessary applications, with attention to the concrete consequences for the individual assisted or for the company involved.
Activities covered
FAQ
Reducing exposure to trial
An alternative procedure may avoid the ordinary trial and reduce the time, cost and uncertainty of criminal proceedings.
Avoiding rushed decisions
An alternative procedure is not always the best option. In some cases, an ordinary trial may better serve the defence.
Assessing the likely sentence
The choice requires a technical assessment of the sanctioning outcome, mitigating and aggravating factors and any additional consequences.
Managing wider effects
The decision may affect work, licences and authorisations, reputation, family relationships, corporate positions or business activities.
FAQ
What are alternative procedures?
They are ways of resolving criminal proceedings other than an ordinary trial. They may allow a faster decision, a reduction in the sanctioning outcome or, in some cases, the extinction of the offence.
When is it advisable to request a plea agreement?
It should be considered when the case file makes an ordinary trial risky and the conditions exist to agree on a sustainable sentence. The assessment must also consider the wider effects of the decision, not only the length or amount of the sentence.
Does a plea agreement amount to a confession?
No. It is a special procedure based on the application of a sentence at the request of the parties, within the limits set by Article 444 of the Italian Code of Criminal Procedure. However, the procedural, personal and professional effects of the decision must be carefully assessed.
What is the difference between a plea agreement and an abbreviated trial?
In a plea agreement, the defendant and the Public Prosecutor request the application of an agreed sentence. In an abbreviated trial, the judge decides the case on the basis of the case file, subject to the evidentiary supplementation permitted by law. Article 438 of the Italian Code of Criminal Procedure provides that the defendant may request that the case be decided at the preliminary hearing on the basis of the file.
Is probation an alternative procedure?
Yes. In the cases provided by law, probation allows the proceedings to be suspended while the defendant carries out a programme. If the outcome is positive, it may lead to the extinction of the offence.
What should be done after receiving a criminal decree of conviction?
The deadlines, amount, effects and advisability of filing an opposition must be assessed immediately. When opposing the decree, it may be possible to consider requests such as an abbreviated trial, plea agreement or other procedural options permitted by law.
Does an alternative procedure always avoid proceedings?
No. Some procedures avoid the ordinary trial, but they do not eliminate every consequence. The choice must be assessed in the specific case, considering the evidence, likely sentence, criminal record, and civil, administrative and professional effects.
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