The Italian legal system provides various methods for resolving criminal disputes, including plea bargaining, also known as the application of a penalty at the request of the parties. In this article, we will examine in detail the relationship between plea bargaining and the civil party, focusing on when and how the exclusion of the civil party occurs in this context.
Plea bargaining is governed by articles 444 and following of the Italian Code of Criminal Procedure. It allows the defendant and the public prosecutor to agree on a penalty, thus avoiding trial. This agreement must be approved by the judge, who verifies the appropriateness of the penalty and the correct legal qualification of the crime.
"Plea bargaining represents a favorable option for the defendant, who can benefit from a reduced penalty, and for the judicial system, which alleviates the burden of trials to manage."
The civil party is the entity that, in the criminal trial, acts to obtain compensation for the damage resulting from the crime. The civil party can intervene in any phase of the criminal trial, but what happens when one opts for plea bargaining?
One of the crucial aspects of plea bargaining is the exclusion of the civil party. In fact, the agreement between the defendant and the public prosecutor only concerns the determination of the penalty and does not involve the civil party's claim for compensation, which is excluded from the criminal proceedings following the plea bargain.
The law stipulates that, given the exclusion of the civil party, the latter must necessarily turn to the civil court to obtain compensation for the damage. This means that the criminal judgment will not lead to an immediate compensation for the civil party.
The regulations governing plea bargaining and the exclusion of the civil party are mainly contained in the articles of the aforementioned Code of Criminal Procedure. It is important to note that the civil party still has the opportunity to intervene in the criminal trial before it reaches plea bargaining, to assert their interests.
Additionally, article 448 of the Code of Criminal Procedure establishes that the plea bargaining judgment has the effect of res judicata in civil matters only concerning the ascertainment of the fact and its criminal unlawfulness, but does not produce effects regarding compensation for damage.
If you are a civil party in a criminal proceeding and fear that plea bargaining may jeopardize your compensation expectations, it is essential to evaluate all legal options available to you. In-depth legal advice can help you better understand the dynamics of plea bargaining and plan an effective strategy to protect your rights.
The Bianucci Law Firm is at your disposal to offer you personalized assistance on this complex issue. Our team of experts is ready to guide you through the various stages of the legal process, ensuring that your rights are always protected. Do not hesitate to contact us for dedicated advice.