Appeal Against the Sentence: Defense and Strategies for the Second Degree of Judgment
Filing an appeal against a sentence represents a fundamental right of the defendant or the other parties involved in a criminal trial. At the Bianucci Law Firm in Milan, we offer qualified legal advice and assistance to best address the second-degree judgment, protecting the rights and interests of our clients.
The appeal is the main tool to obtain a review of the decisions made in the first instance, allowing for the correction of any legal errors, reevaluation of evidence, or obtaining a reduction of the sentence. It is a crucial phase of the process that requires careful defense and effective strategy.
The appeal judgment is a second opportunity to prove one's innocence or obtain a fairer sentence.
When can an appeal be filed?
The possibility to file an appeal depends on specific conditions set by law:
- Against conviction sentences: The defendant can appeal against a conviction considered unjust or excessive;
- Against acquittal sentences: The public prosecutor can file an appeal against an acquittal sentence, except for limitations for certain minor offenses;
- Specific reasons: The appeal must indicate the factual or legal errors that are believed to be present in the first-instance ruling;
- Legal deadlines: It must be filed within strict deadlines, which vary depending on the case (15, 30, or 45 days).
Objectives of the appeal judgment
The appeal judgment can have various purposes, including:
- Modification of the sentence: Requesting a total or partial modification of the first-instance decision;
- Reduction of the sentence: Arguing for a decrease in the penalty imposed in the first instance;
- Reevaluation of the evidence: In some cases, it is possible to request a new evaluation of the evidence or the acquisition of new elements;
- Confirmation of the sentence: If the appeal is filed by the public prosecutor, the judge may reform the first-instance ruling or aggravate it.
Critical issues and risks
While providing important opportunities, the appeal judgment also presents some risks:
- Possible aggravation of the sentence: The appeal judge, if they find the public prosecutor's appeal well-founded, can aggravate the conviction. If the appeal is filed only by the defendant, however, an aggravation cannot be ordered;
- Time for resolution: The appeal may require significant time, prolonging the proceedings;
- Probative limitations: In appeal, the possibility of presenting new evidence is limited to specific cases authorized by the judge.
Our legal support
The Bianucci Law Firm offers comprehensive assistance for managing the appeal judgment, ensuring:
- Thorough analysis of the first-instance sentence to identify weak points to contest;
- Accurate drafting of the appeal act, with precise indication of the legal and factual reasons;
- Legal representation during the appeal hearing, with targeted defensive strategies;
- Support for any subsequent appeals, such as a petition to the Supreme Court.
Thanks to our experience, we guarantee a solid and effective defense at every stage of the process, best protecting our clients' interests.
The appeal must be filed within 30 days from the notification of the first-instance sentence, unless extensions are granted for specific procedural reasons.
Yes, if the appeal is proposed by the public prosecutor or if elements emerge that justify an aggravation, the judge can increase the sentence.
New evidence is only admitted in exceptional cases when deemed essential for the decision or if it was not possible to acquire it in the first instance.