Plea Bargaining Scheme: Rules and Calculation of the Sentence

Plea bargaining, also known as the application of the sentence at the request of the parties, is an institution of Italian criminal law that allows the defendant to agree with the public prosecutor on a reduced sentence, thus avoiding a lengthy trial. This tool offers numerous advantages, both for the defendant and for the administration of justice, making procedures more streamlined and quicker.

The Fundamental Rules of Plea Bargaining

To fully understand how the plea bargaining scheme works, it is essential to know the rules governing its application:

• Sentence Limit: Plea bargaining is only possible for crimes punishable by a prison sentence not exceeding five years, even if combined with a monetary penalty.
• Joint Request: The agreement on the sentence must be reached between the defendant and the public prosecutor and submitted for the judge's approval.
• Sentence Discount: The reduction of the sentence can be up to one third compared to the sentence that would have been imposed in the case of a conviction following an ordinary trial.
• Waiver of Trial: By accepting plea bargaining, the defendant waives the right to appeal the sentence, except in exceptional cases.

The Calculation of Plea Bargaining

The calculation of the sentence in plea bargaining is a crucial step and must be carried out with precision, taking into account various factors:

"The calculation of the sentence in plea bargaining requires a careful evaluation of the circumstances of the case and any recognized mitigating factors."

In practice, the proposed sentence must be appropriate concerning the seriousness of the crime and the mitigating or aggravating circumstances present. In case of doubt, the judge may reject the plea bargaining proposal, requesting a recalculation.

Advantages of Plea Bargaining

Plea bargaining offers several benefits for both the defendant and the judicial system:

• Time and Resource Savings: It avoids the lengthy judicial process and reduces the workload of the courts.
• Less Media Exposure: It allows the defendant to avoid a public trial and the consequent media exposure.
• Certainty of the Sentence: It guarantees a certain and agreed-upon sentence, reducing the uncertainty associated with the outcome of a trial.

Contact the Bianucci Law Firm

If you wish to deepen your understanding of plea bargaining or need legal assistance for your specific case, do not hesitate to contact the Bianucci Law Firm. Our team of experts is at your disposal to provide you with the necessary support and guide you through the complex legal process. Rely on our expertise to achieve the best possible results.