Plea Bargain in Appeal: An Agreement to Reduce Trial Times
The plea bargain in appeal is a legal institution that allows the defendant and the public prosecutor to reach an agreement on the penalty to be applied, reducing the duration of the proceedings and the risks of an unfavorable judgment in the appeal phase. At the Bianucci Law Firm in Milan, we offer expert assistance to manage this procedure and protect our clients' rights.
Introduced into the Italian legal system to make the judicial system more efficient, the plea bargain in appeal represents a valid alternative to the traditional judicial process. It allows for the resolution of the proceedings with a judgment that reduces the uncertainty related to the outcome of the second-degree trial.
The plea bargain in appeal is a pragmatic solution to conclude the proceedings with an agreed and more favorable penalty.
When is the plea bargain in appeal possible?
The plea bargain is applicable under certain conditions, which include:
- Joint request: The plea bargain must be jointly requested by the defendant and the public prosecutor;
- Agreed penalty: The penalty subject to the agreement must not exceed the limits set for this procedure;
- Exclusion of serious crimes: It is not applicable for certain particularly serious crimes or for offenses that entail unavoidable accessory penalties.
Advantages of the plea bargain in appeal
Choosing the plea bargain in appeal offers numerous benefits for the defendant:
- Reduction of the penalty: The agreement allows for the acceptance of some of one's appeal grounds while waiving others;
- Control over the outcome: The defendant accepts an agreed penalty, avoiding the uncertainty of the outcome of the appeal judgment.
Critical issues and limits of the plea bargain
Despite its advantages, the plea bargain in appeal has some limitations:
- Acceptance: The defendant waives some grounds for appeal;
- Binding nature of the agreement: Once approved by the judge, the agreement cannot be modified or revoked;
Our legal support
The Bianucci Law Firm offers comprehensive assistance for managing the plea bargain in appeal, ensuring:
- Consultation on the convenience of the plea bargain compared to ordinary judgment;
- Assistance in negotiating the agreement with the public prosecutor;
- Legal defense during the hearing for the approval of the plea bargain;
- Support in managing the implications of the agreed judgment.
Thanks to our experience, we help clients make informed decisions and conclude proceedings in the most advantageous way possible.
The agreement can be jointly requested by the defendant and the public prosecutor, and must be approved by the competent judge.
No, some particularly serious crimes, such as those related to organized crime or terrorism, are excluded from this procedure.
No, once approved by the judge, the agreed sentence cannot be appealed, except for defects of legitimacy or procedural issues.