Practical guide
How to draft a criminal appeal with AI
4 min read · Updated May 2026 · Editorial oversight: Avv. Federico Papa
The criminal appeal (atto di appello penale) is the primary ordinary remedy for challenging a first-instance judgment, allowing the parties to seek a review by a court of second instance. Governed by Article 593 of the Italian Code of Criminal Procedure (c.p.p.), this remedy serves to contest findings of fact or the application of substantive or procedural law to obtain the total or partial reversal of the decision. The appeal introduces a review limited to the grounds raised, guaranteeing the right to a second tier of jurisdiction recognized by the Italian legal system. As a formal document, it must comply with strict admissibility requirements, failing which the court will dismiss the appeal without reviewing the merits of the defense's claims.
In brief
Criminal appeals, governed by Art. 593 c.p.p., seek the reversal of first-instance decisions. Drafting requires compliance with Art. 585 c.p.p. deadlines and Art. 581 c.p.p. admissibility criteria, reinforced by the Cartabia Reform. The document must identify specific counts, points, and analytical grounds. Filing is mandatory via the Portale Deposito Atti Penali, requiring a digital signature, domicile election, and specific mandate for absent defendants. AI tools assist in formulating grounds and requests for evidentiary renewal under Art. 603 c.p.p., while Art. 597 c.p.p. prohibits reformatio in peius.
The steps
- 1.
Verification of standing and deadlines
The defense counsel must first verify standing to appeal under Article 593 c.p.p. and compliance with the peremptory deadlines set by Article 585 c.p.p. These deadlines (15, 30, or 45 days) vary depending on the time fixed for filing the reasoning of the judgment in the court registry. It is essential to calculate the deadline starting from the day following notification or the expiration of the time allowed for filing the judgment.
- 2.
Identification of the judgment and challenged counts
The appeal must precisely identify the challenged judgment, specifying the issuing judicial authority, its date, and the case registration number. Pursuant to Article 581 c.p.p., it is mandatory to specify the counts (capi, the parts of the judgment concerning each offense) and points (punti, the individual issues of fact or law) to which the appeal relates. This demarcation is vital, as it defines the scope of the appellate court's jurisdiction under the principle 'tantum devolutum quantum appellatum'.
- 3.
Drafting the grounds of appeal
The grounds of appeal must be articulated with specificity, setting out the factual and legal reasons supporting each claim. Counsel must explicitly challenge the specific reasoning of the first-instance judgment, highlighting logical flaws, misrepresentation of evidence, or errors of law. Generic statements or a mere repetition of first-instance defense arguments will result in the inadmissibility of the appeal under Article 581 c.p.p., in line with the stringent standards enforced by the Cartabia Reform.
- 4.
Request for renewal of the evidentiary hearing
If the appellant considers it necessary to introduce new evidence or re-examine evidence already gathered, counsel must formulate a specific application for the renewal of the trial hearing (rinnovazione dell'istruzione dibattimentale). This application must be reasoned, demonstrating that the court cannot decide state of the record or that the new evidence was discovered or emerged after the first-instance trial. The procedure for renewal is governed by Article 603 c.p.p.
- 5.
Drafting the conclusions
The conclusions must accurately reflect the requests for reversal derived from the grounds raised, seeking, for instance, acquittal because the fact does not exist or the defendant did not commit it. Subordinately, counsel may request the legal reclassification of the offense, the exclusion of aggravating circumstances, or a mitigation of the sentence. Conclusions must be clear, precise, and consistent with the specific counts and points challenged.
- 6.
Filing and transmission methods
Defense counsel must file the appeal exclusively through the Criminal Acts Filing Portal (PDP - Portale Deposito Atti Penali), under penalty of inadmissibility. Concurrently, counsel must attach the defendant's declaration or election of domicile (Article 581, paragraph 1-ter, c.p.p.) and the specific mandate to appeal issued after the judgment in the case of a defendant tried in absentia (Article 581, paragraph 1-quater, c.p.p.). Counsel must ensure the validity of the digital signature and full compliance with the admissibility criteria introduced by the Cartabia Reform.
Legal basis: art. 593 c.p.p.art. 581 c.p.p.art. 581 comma 1-ter c.p.p.art. 581 comma 1-quater c.p.p.art. 597 c.p.p.art. 603 c.p.p.
Related checklist: key verifications prior to filing a criminal appealThe template structure
The standard sections that make up the document. The full template can be opened and completed directly on edit.legal.
Adjudicating Court of Appeal
Indication of the territorially competent Court of Appeal and the details of the first-instance proceedings.
Appealing Party
Defendant's personal details, declaration or election of domicile (Article 581, paragraph 1-ter, c.p.p.), and defense counsel details with power of attorney or specific mandate for an absent defendant (Article 581, paragraph 1-quater, c.p.p.).
Challenged Judgment
Identifying details of the first-instance judgment, including date of pronouncement, case registration number, issuing authority, and specific counts being appealed.
Grounds for Appeal
Detailed exposition of the factual and legal grounds supporting the request for reversal of the decision (Article 581 c.p.p.).
Conclusions
Final requests submitted to the Court of Appeal, such as acquittal, offense reclassification, or sentence recalculation.
Requests for Evidence Renewal
Reasoned request for the admission of new evidence or the re-examination of existing evidence pursuant to Article 603 c.p.p.
Place, Date and Signature
Indication of place and date of drafting, with the defense counsel's digital signature.
Mistakes to avoid
- Lack of specificity in the grounds: formulating vague complaints without challenging the specific findings of the trial court leads to inadmissibility.
- Untimely filing: failure to observe the peremptory deadlines set out in Article 585 c.p.p. results in the forfeiture of the right to appeal.
- Omission of counts and points: failing to explicitly identify the challenged counts and points of the judgment violates the formal requirements under Article 581 c.p.p.
- Absence of specific mandate or election of domicile: failing to attach the election or declaration of domicile (Article 581, paragraph 1-ter, c.p.p.) or the specific mandate to appeal for a defendant tried in absentia (Article 581, paragraph 1-quater, c.p.p.) renders the appeal inadmissible.
Frequently asked questions
Is it possible to submit new grounds after the appeal has been filed?
Yes, pursuant to Article 585, paragraph 4, c.p.p., new grounds may be submitted up to fifteen days before the hearing, provided they relate to counts that were already challenged in a timely manner.
What happens if the appeal is declared inadmissible?
Inadmissibility, which may also be declared ex officio at any stage of the proceedings, precludes a review of the merits and causes the challenged judgment to become final and irrevocable.
Can the appellate court increase the sentence imposed in first instance?
When the appeal is lodged solely by the defendant, the prohibition of reformatio in peius applies (Article 597 c.p.p.), preventing the court from imposing a harsher sentence or a more severe security measure.
What edit.legal automates
- —Automatic validation of appeal deadlines based on the judgment's filing date.
- —Verification of the specificity of grounds by comparing challenged counts with legal arguments.
- —Assisted generation of clauses for evidence renewal and formal conclusions.
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