The criminal proceeding ends with a judgement of conviction or absolution for the accused, depending on whether he is convicted or not.

A penal decision consists of two parts: the disposition, which is immediately read and the rationale (in Italian: “motivazione”), whose reading may be simultaneous or follow that of the disposition within 15 or at most 90 days.

There are various types of decision as follows:

  1. decision not to prosecute, if the prosecution should not have started or should not have continued the proceeding;
  2. acquittal verdict if the defendant is not considered guilty;
  3. declaration of extinction of crime (e.g. in case of amnesty or time-barred offence);
  4. conviction if the defendant is pleaded guilty beyond every reasonable doubt).

Against the decision both the public prosecutor and the accused can appeal to apply for the sentencing reform, before the Court of Appeal and then on the last instance, before the Supreme Court (but only for matters of law and in some cases established by art 606 c.p.p.).

For further information, please contact our team of multilingual Criminal lawyers.