Understanding Immediate Proceedings in Criminal Trials

Receiving notification of an immediate judgment decree is an extremely delicate moment in the life of a person involved in criminal proceedings. This special procedure, provided for by our code of criminal procedure, is characterized by the suppression of the preliminary hearing, bringing the defendant directly before the trial judge. As an expert criminal lawyer in Milan, Avv. Marco Bianucci perfectly understands the anxiety and urgency that such notification entails. The implicit message from the Public Prosecutor's Office is that the evidence of criminal responsibility appears evident, making an intermediate control phase superfluous. However, the evidence according to the prosecution does not necessarily equate to a certain conviction: this is where the fundamental role of timely and competent legal defense comes into play.

Legal Prerequisites and Procedural Timelines

Immediate proceedings can be initiated at the request of the Public Prosecutor when what is defined as clear evidence exists, and provided that the suspect has been interrogated about the facts or, despite being invited to appear, has not done so. Typically, the request must be made within ninety days of the registration of the crime. There is also a so-called custodial immediate judgment, which is triggered when the suspect is in pre-trial detention and the measure has been confirmed upon review or the deadlines for proposing it have passed. Understanding these dynamics is essential because, once the decree is notified, the time limits for reacting are extremely restricted. The law grants a limited period, generally fifteen days, to assess whether to proceed to trial or opt for preferential alternative proceedings.

The Bianucci Law Firm's Approach to Immediate Judgment

The approach of Avv. Marco Bianucci, an expert criminal lawyer based in Milan, is based on an immediate and in-depth strategic assessment of the case file. Faced with immediate proceedings, the absolute priority is to analyze the solidity of the evidentiary framework that led the Preliminary Investigations Judge to issue the decree. We do not merely submit to the Public Prosecutor's initiative but verify the existence of formal or substantial defects that could invalidate the procedure itself. The defense strategy is tailor-made: in some cases, the best choice is to proceed to trial to dismantle the charges through the cross-examination of witnesses; in others, the protection of the client involves requesting alternative proceedings such as a simplified trial or plea bargaining, which allow for a significant reduction in the sentence in case of conviction. Avv. Bianucci's consultancy aims to transform a moment of crisis into controlled management of procedural risk.

Frequently Asked Questions

What are the advantages of requesting an alternative proceeding after an immediate judgment decree?

The request for alternative proceedings, such as a simplified trial or plea bargaining, must be filed within fifteen days of the notification of the immediate judgment decree. The main advantage lies in the possibility of obtaining a sentence reduction, equal to one-third in a simplified trial, in case of conviction. This strategic choice is fundamental when the evidence against the defendant is particularly strong and the risk of a severe sentence at trial is concrete.

Is it possible to oppose the immediate judgment decree?

There is no real opposition on the merits of the judge's decision to order immediate proceedings, unless essential formal prerequisites, such as a prior interrogation, are missing. However, the defense can transform the proceedings by requesting access to alternative proceedings. This procedural move effectively neutralizes the immediate transition to public trial, bringing the case back to a chamber phase before the GIP, which is often more technical and faster.

What happens if I do nothing after receiving the decree?

If the defendant does not file any request for alternative proceedings within the peremptory deadline of fifteen days, the trial will inevitably proceed with ordinary proceedings. This means going to trial, with the examination of evidence in a public hearing. In this scenario, the possibility of benefiting from sentence reductions provided by special proceedings is lost, making the preparation of a solid and incisive trial defense even more crucial.

Does immediate proceeding mean I will definitely be convicted?

Absolutely not. The fact that the Public Prosecutor deems the evidence evident is a party's assessment that must be confirmed in the adversarial process between the parties. Many cases initiated with immediate proceedings conclude with the acquittal of the defendant when the defense manages to demonstrate the inconsistency of the evidence or provide an alternative reconstruction of the facts. The choice of the right strategy often makes the difference between conviction and acquittal.

Request a Case Evaluation

If you have received an immediate judgment decree or fear being involved in criminal proceedings, time is a critical factor. Contact Avv. Marco Bianucci at the Law Firm located at Via Alberto da Giussano, 26 in Milan. Through a detailed preliminary analysis, we can define the most suitable defense strategy for your specific situation, clearly and transparently evaluating every available option for your protection.