Suspension of the Trial with Probation
The suspension of the trial with probation is a legal institution that allows the defendant to avoid a conviction by committing to engage in specific reparative and social reintegration activities. At the Bianucci Law Firm in Milan, we offer specialized assistance to evaluate the suitability of this measure and guide clients in its use.
Regulated by Articles 168-bis et seq. of the Penal Code and 464-bis et seq. of the Code of Criminal Procedure, probation represents an alternative to the traditional trial, particularly useful for less serious offenses. It allows the defendant to demonstrate their willingness to reintegrate into society, resulting in the extinction of the offense at the end of the probation period.
Probation is an innovative tool that combines criminal justice and social reintegration, offering a second chance to those who are entitled to it.
Who can request probation?
The suspension of the trial with probation is reserved for certain categories of defendants and offenses:
- Minor offenses: It applies to offenses for which the law provides a maximum penalty of no more than 4 years of imprisonment and excludes specific types of offenses;
- Acceptance of the program: The defendant must accept a probation program, which includes socially useful work activities and other prescriptions (such as compensation for damages to the victim).
Benefits of probation
Probation offers several benefits for the defendant, including:
- Extinction of the offense: At the end of the probation period, if completed positively, the offense is extinguished and no penalties or sanctions are applied;
- Avoiding the trial: The proceedings are suspended, and there is no continuation to a possible conviction;
- Social reintegration: Through the activities provided by the program, the defendant demonstrates their willingness to reform.
How does probation work?
The procedure involves several phases, which must be followed carefully:
- Submission of the request: The defendant, with the help of their lawyer, submits a request to the judge, followed by the development of a treatment program;
- Judge's evaluation: The judge evaluates the request and the program, deciding whether to accept or reject the application;
- Probation period: The defendant performs the prescribed activities, such as socially useful work, and must comply with other prescriptions (e.g., compensation for damages);
- Extinction of the offense: If the probation period concludes successfully, the judge declares the offense extinguished.
Our legal support
The Bianucci Law Firm offers comprehensive assistance for the suspension of the trial with probation, ensuring:
- Consultation on the feasibility of probation for the specific case;
- Assistance in drafting and submitting the probation program;
- Support throughout the entire probation period and in managing the required activities;
- Legal defense to protect the rights of the defendant at every stage of the proceedings.
Thanks to our experience, we support clients in using this tool, helping them seize an important opportunity for personal and legal redemption.
Probation is reserved for defendants accused of minor offenses, with a maximum penalty of no more than 4 years, who agree to follow a reintegration program.
If the program is not completed or is violated, the criminal trial resumes, and ordinary judgment proceeds.
No, probation is excluded for particularly serious offenses, such as those against the person or property aggravated by violence.