Review of the Trial: Extraordinary Tool of Justice
The review of the trial is an extraordinary remedy provided by Italian criminal law to remove the effects of a final conviction when elements emerge that demonstrate its injustice. At the Bianucci Law Firm in Milan, we offer qualified assistance to evaluate the prerequisites for the review and guide our clients through this complex procedure.
Regulated by Article 629 and subsequent articles of the Code of Criminal Procedure, the review is a fundamental tool to protect those who have been unjustly convicted, allowing for the reopening of the case and the possible annulment of the conviction.
The review of the trial is the last hope for justice for those who have been unjustly convicted.
When can the review of the trial be requested?
The review is allowed only in the presence of certain prerequisites, including:
- New decisive evidence: Emergence of new evidence that, if known during the trial, would have led to acquittal;
- Probative inconsistencies: Demonstration that the evidence underlying the conviction was false or seriously erroneous;
- Conviction of another person: Establishment that the crime was committed by another person;
Objectives of the review
The main purpose of the review of the trial is to annul the effects of an unjust conviction, with possible outcomes such as:
- Acquittal of the defendant: With the annulment of the conviction and the restoration of the rights of the acquitted;
Challenges and limitations of the review
Although being a fundamentally important tool, the review of the trial presents some challenges:
- Stringent prerequisites: The review can only be requested in exceptional and well-documented cases;
- Complex procedure: The process is lengthy and requires a high level of technical expertise;
- Non-admissibility for merit reasons: The review cannot be requested for a simple reassessment of the evidence already examined.
Our legal support
The Bianucci Law Firm offers complete assistance for the management of the trial review, ensuring:
- Preliminary analysis of the judgment and the prerequisites for the review;
- Research and collection of new evidence necessary to support the request;
- Drafting of the review appeal and legal representation before the competent court;
- Consultation on any compensation actions for wrongful detention or judicial error.
Thanks to our experience, we support clients in pursuing justice even in the most complex cases, offering high-level technical and human assistance.
The review can be requested by the defendant, their lawyer, or their heirs, in the presence of one of the prerequisites provided by law.
The time frame can vary depending on the complexity of the case and the workload of the Court, but it generally takes several months.
In the case of a positive outcome, the conviction is annulled, and the defendant can obtain acquittal and the restoration of their rights.