Introduction to Criminal Proceedings

The criminal proceeding is a sequence of legal phases aimed at establishing the responsibility of an individual accused of a crime. Understanding its progression is essential for anyone involved in a criminal case, whether as a defendant or as a victim. A criminal lawyer is a key figure in this context, able to guide you through each phase of the procedure.

The Phases of Criminal Proceedings

The criminal proceeding is divided into several phases, each with specific characteristics and purposes:

• Preliminary Investigations: This phase is managed by the public prosecutor and aims to gather useful elements to decide whether to initiate criminal action. It is a crucial moment where a criminal lawyer can intervene to protect the rights of the accused.
• Preliminary Hearing: During this phase, a judge assesses whether there are sufficient elements to proceed to trial. The defense, supported by an experienced criminal lawyer, can present briefs and evidence in favor of the defendant.
• Trial: If the case goes to trial, it proceeds before a court. The criminal lawyer plays a fundamental role in presenting the defense, questioning witnesses, and challenging the evidence presented by the prosecution.
• Verdict: At the end of the trial, the judge issues a conviction or acquittal. The preparation and competence of the criminal lawyer can significantly influence the outcome of this phase.

The Levels of Criminal Proceedings

The Italian legal system provides for three levels of judgment:

• First Level: This is the initial level of judgment, where the case is examined and decided. An experienced criminal lawyer works to achieve the best possible outcome for their client.
• Appeal: If one of the parties is not satisfied with the verdict of the first level, they can appeal. Here, the criminal lawyer can present new elements or contest procedural errors.
• Appeal to the Supreme Court: This is the final level, limited to issues of legality. The criminal lawyer must demonstrate that there have been legal errors in the proceedings.

The Conduct of Criminal Proceedings

The conduct of a criminal proceeding involves a series of formal acts and procedures that must be followed rigorously:

During each phase of the process, the assistance of a criminal lawyer is essential to ensure that the rights of the defendant are respected. This professional is responsible for gathering evidence, preparing the defense strategy, and representing the client in court.

A fundamental aspect of criminal proceedings is the principle of adversarial proceedings, which guarantees both parties the opportunity to present their arguments. The criminal lawyer plays a critical role in ensuring that this principle is upheld.

Conclusion

Facing a criminal proceeding can be complex and stressful. Consulting an experienced criminal lawyer is essential to effectively navigate the various phases and levels of the procedure. If you need legal assistance or wish to receive personalized advice, do not hesitate to contact the Bianucci Law Firm. We are here to provide you with professional and competent legal support.