Defendants (criminal proceedings)


Sadržaj omogućio

A. Do I have the right to appeal against the judgment?

Yes, as a rule - subject to the exceptions provided for by law (see Article 593 of the Code of Criminal Procedure) - an appeal may be lodged against judgments of conviction; alternatively, an appeal may be lodged directly with the Court of Cassation against judgments at first instance that are subject to appeal.

B. What other remedies do I have?

An appeal in cassation on the grounds laid down by law (see Article 606 of the Code of Criminal Procedure) - in addition to the cases provided for under specific provisions - may be brought against judgments handed down on appeal or judgments that are not subject to appeal..

C. What are the consequences of a conviction?

i. Criminal record

In general, final criminal convictions are recorded, inter alia, in extract in the criminal record of the individual in question.

v. Enforcement of the judgment, transfer of detainees, suspended sentences and alternative sanctions

Conditional suspension of the sentence: as a rule, when delivering a sentence of imprisonment or a custodial sentence for a period of two years or less, or a monetary penalty that, alone or in conjunction with the corresponding custodial sentence under the law, is equivalent to a sentence involving deprivation of liberty of a total period of two years or less, the Court may order that the enforcement of the sentence be suspended for a period of five years if the conviction is for a serious criminal offence and for two years if the conviction is for a less serious offence; higher penalty limits are provided for minors and for adults under the age of 21 (three years and two and a half years respectively).

Alternative sanctions: under Article 53 of Law No 689 of 24 November 1981 the Court may, when delivering a judgment of conviction, where it considers that the term of detention must not exceed two years, replace that sentence with a sentence of semi-detention; where it considers that the term must not exceed one year, it may replace that sentence with court supervision ('libertà controllata'); where it considers that the tem must not exceed six months, it may also replace that sentence with a commensurate monetary penalty.

Enforcement of the sentence: in general - except in the case of a person who, in view of the act which resulted in the judgment of conviction be enforced, is already detained in custody in prison at the time the final judgment is delivered, the enforcement of the custodial sentence - including any remaining part of a longer sentence - not exceeding four years and that has not been imposed for certain serious criminal offences (referred to in Article 656(9)(a) of the Code of Criminal Procedure and Article 4 bis of Law No 354/1975) is suspended by the Public Prosecutor’s Office, by a decree for that purpose notified to the convicted person and their lawyer, stating inter alia that an application for an alternative to ordinary detention in prison may be submitted within the time limits laid down by law; the judges supervising the enforcement of sentences (Magistratura di Sorveglianza) are responsible for deciding such applications..

Transfer of persons in custody: the provisions laid down in Legislative Decree No 16 of 7 September 2010, adopted in accordance with Delegated Law No 88 of 7 July 2009 (Community Law 2008) to bring Italian national law into line with Council Framework Decision 2008/909/JHA of 27 November 2008 (on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union) or the provisions of bilateral international treaties concluded by Italy in this area shall apply.

Last update: 21/03/2023

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