Abbreviated Procedure: Quick Definition of Criminal Proceedings
The abbreviated procedure is a special criminal procedure that allows for a swift decision based on the evidence already collected during the investigations, without going through a trial. At the Bianucci Law Firm in Milan, we offer specialized assistance to evaluate the suitability and advantages of this procedure in individual cases.
Regulated by Article 438 and following of the Code of Criminal Procedure, the abbreviated procedure offers a reduction of the sentence in case of conviction, representing a beneficial alternative for some defendants. However, it requires careful strategic evaluation, as it involves waiving the trial and the possibility of presenting new evidence.
The abbreviated procedure is a strategic choice to conclude the criminal proceedings quickly, with the possibility of obtaining a reduced sentence.
When can the abbreviated procedure be requested?
The abbreviated procedure can be requested by the defendant within specific time limits:
- Request by the defendant: The defendant can request the abbreviated procedure by the first preliminary hearing or in certain subsequent cases, with the agreement of the judge;
- Evaluation of the evidence: The decision is based exclusively on the evidence collected during the preliminary investigations, except for any additional evidence requested by the defendant. The request may be subject to the admission of one or certain pieces of evidence requested by the defendant (so-called conditional abbreviated procedure), but in this case, the admission depends on the judge's evaluation;
- Compatible offenses: It can be requested for any offense, unless special procedures are provided for certain cases.
Advantages of the abbreviated procedure
Choosing the abbreviated procedure offers several advantages for the defendant:
- Reduction of the sentence: In case of conviction, the sentence is reduced by one third compared to that provided by the ordinary process;
- Speed of the procedure: The abbreviated procedure allows for a judgment to be obtained in a shorter time compared to an ordinary trial;
- Resource savings: Legal and procedural costs are reduced.
Criticisms and limitations
Despite its advantages, the abbreviated procedure presents some criticisms that must be carefully evaluated:
- Waiver of the trial: The defendant accepts not to have a complete trial, with limitations regarding the possibility of presenting new or different evidence;
- Decision bound to the evidence: The judgment is based exclusively on the evidence already collected and on record;
Our legal support
The Bianucci Law Firm offers comprehensive assistance for managing the abbreviated procedure, ensuring:
- Strategic analysis of the convenience of the abbreviated procedure compared to the ordinary trial;
- Assistance in preparing and submitting the request;
- Legal defense to achieve the best possible outcome during the proceedings;
- Support in managing any implications of the judgment.
Thanks to our experience, we help clients make informed decisions, carefully assessing the risks and benefits of this procedure.
The abbreviated procedure can only be requested by the defendant, within the time limits established by law, and must be accepted by the judge.
In case of acquittal, the defendant does not face any criminal consequences, and the proceedings conclude without any conviction.
Yes, the judgment issued with the abbreviated procedure can be appealed, but the chances of review depend on the documentation and motivations presented.