Introduction to the Difference between Ordinance and Judgment

In the field of criminal law, the distinction between ordinance and judgment is fundamental to understanding the functioning of judicial proceedings. These two types of provisions have specific roles and characteristics that clearly differentiate them. In this article, we will analyze the peculiarities of each, providing a clear and detailed guide for anyone needing legal insight on the matter.

What is an Ordinance?

An ordinance is a judicial act that can be issued in both civil and criminal matters. However, in the criminal context, the ordinance takes on significant importance during the proceedings. It is generally an intermediate provision that does not define the merits of the case but regulates procedural or incidental issues. For example, an ordinance may establish preventive custody or decide on the acquisition of evidence.

From a practical standpoint, the ordinance is an essential tool for the criminal lawyer in managing proceedings, as it allows for addressing and resolving issues that may influence the outcome of the trial. Additionally, the ordinance can be challenged through specific means of appeal, such as review or cassation appeal, if deemed detrimental to the rights of the defendant.

What is a Judgment?

A judgment, on the other hand, is the conclusive provision of the trial. It is issued by the judge at the end of the proceedings and has the task of deciding on the merits of the case, determining the defendant's guilt or innocence. The judgment contains a detailed reasoning that justifies the ruling, i.e., the final decision made by the judge.

For the criminal lawyer, the judgment represents the culmination of the work done during the trial, and its drafting requires a careful analysis of the evidence and legal arguments presented. A judgment can be challenged through appeal or cassation appeal, offering further defense possibilities for the defendant.

Main Differences between Ordinance and Judgment

• Purpose: The ordinance has a procedural function and does not resolve the merits, while the judgment decides on guilt or innocence.
• Timing: The ordinance is issued during the proceedings, while the judgment is the final provision.
• Appealability: Both provisions can be appealed, but they follow different procedures.
• Reasoning: The judgment requires more in-depth reasoning compared to the ordinance.

Conclusion

Understanding the difference between ordinance and judgment is essential for successfully navigating the complex criminal justice system. These provisions, while distinct, are both crucial in determining the course and outcome of a trial. If you need further clarification or personalized legal assistance, do not hesitate to contact the Bianucci Law Firm. Our team of expert criminal lawyers is ready to assist you at every stage of the proceedings.