20 Jan criminal decree of conviction

A criminal proceeding can be defined with a criminal decree of conviction when for the crimes in dispute it is possible to apply a final sanction consisting only of a pecuniary penalty, even if inflicted in lieu of prison.

When, for any legal effect, a comparison must be made between fines and prison sentences, the calculation takes place by calculating euros 250, or fraction of euros 250, of a fine for one day of prison sentence.

The criminal decree of conviction is issued by the Judge for Preliminary Investigations (G.I.P.), at the request of the Public Prosecutor (P.M.).

In the term (prescribed under penalty of inadmissibility) fifteen days from notification of the decree, the accused (personally or through any appointed lawyer) can lodge an opposition to the criminal conviction decree, with declaration received in the registry of the G.I.P. who issued the decree or in that of the Court or Justice of the Peace of the place where the interested party is located; must be indicated in the opposition notice, under penalty of inadmissibility, the details and date of the decree, as well as the Judge who issued it; unless you have already done so previously, in the declaration the opponent can reserve the right to appoint a trusted lawyer or refer to the official one.

In filing an opposition, the accused may request one of the following three special rites from the Judge:

• immediate judgment – the Judge issues a decree setting the next ordinary trial before the territorially competent Court;
• summary judgment – the Judge sets the hearing before him by decree, giving notice to the parties;
• the application of the sentence upon request, which provides for the agreement between the prosecution and defense on the quantification of the sentence to be imposed – the Judge sets the hearing before him by decree, giving notice to the parties.

If the PM. do not give your consent, or the defendant has not formulated any request in the notice of opposition, the Judge issues an immediate judgment decree; the judge, if the accused presents a request for oblation, contextual to the opposition, decides on the question itself before activating the process of the rite chosen from the three above; if instead the accused presents an application, contextual to the opposition, of suspension with probation, the crime is declared extinguished with a sentence, if the test is successful, at the GIP-GUP Section or at the Criminal Trial Section.

Before deciding to lodge an opposition to the criminal conviction decree, it is good to know that in the judgment following the opposition, the accused will never again be able to request alternative rites, nor submit an application for oblation; the judge, in court, may apply a measure that is even different and more serious than that established in the criminal conviction decree and revoke any benefits already granted.

If no opposition is lodged or if it is declared inadmissible, the judge who issued the sentencing decree orders its execution; the opponent can appeal to the cassation court against the inadmissibility order.