Plea Bargain Sentencing: What You Need to Know

The plea bargain sentencing is an alternative solution to the criminal trial, through which the defendant and the public prosecutor agree on a reduced penalty. This procedure takes place before the judge, who, if the agreement is accepted, issues a plea bargain sentence.

Characteristics of the Plea Bargain Sentencing

• Convenience: It reduces trial times and guarantees a lower penalty compared to what might result from an ordinary judgment.
• Effects: Unlike an ordinary conviction, it does not involve a declaration of criminal responsibility, but it still has criminal and civil effects.
• Conditions: The agreement must be reached before the opening of the first-instance trial.

Appeal to the Supreme Court against the Plea Bargain Sentencing

Although the plea bargain sentence is not appealable, it is possible to appeal to the Supreme Court for specific reasons. The main ones are:

• Procedural flaws: Errors in the procedure that led to the sentence.
• Invalidity of the agreement: The agreement does not meet legal requirements.
• Omission of reasoning: Lack of adequate reasoning in the sentence issued by the judge.

"The plea bargain is not an admission of guilt but a strategic choice in the judicial process."

If you are considering whether a plea bargain might be the right choice for your case or if you intend to file an appeal to the Supreme Court, the Bianucci Law Firm is here to help you. With our team of experts, you will receive the necessary assistance to navigate the complex Italian legal system.

Contact the Bianucci Law Firm today and find out how we can support you in your legal journey.