In the Italian legal landscape, plea bargaining and the preliminary hearing are two fundamental institutions that can influence the course of a criminal proceeding. Understanding when and how to request plea bargaining, as well as the current regulations, is essential for anyone involved in a legal proceeding.
Plea bargaining, or application of the sentence at the request of the parties, is an agreement between the defendant and the public prosecutor, which provides for a reduction of the sentence in exchange for a guilty plea. This institution is governed by Article 444 of the Italian Code of Criminal Procedure and represents an alternative procedure to the ordinary trial.
"Plea bargaining allows one to avoid a lengthy trial, obtaining a quick judgment and a reduced sentence."
The preliminary hearing is the moment when the judge assesses the validity of the charges and decides whether to proceed to trial for the defendant. During this phase, it is possible to present the plea bargaining request. The preliminary hearing is held behind closed doors and involves the examination of available evidence, allowing the judge to decide on the fate of the trial.
Plea bargaining and the preliminary hearing are valuable tools in Italian criminal law, capable of offering quick and less burdensome solutions for those involved in a criminal proceeding. If you need further information or assistance with a specific case, do not hesitate to contact Studio Legale Bianucci. Our team of experts is here to help you navigate the complex world of criminal justice.