How to file a request for summary trial

The steps

1. 1.

   Verification of legal standing and special power of attorney

   The legal standing to request a summary trial belongs personally to the defendant or their counsel, provided the latter holds a special power of attorney (procura speciale) issued according to law. This requirement is fundamental for the validity of the act, as choosing this procedure involves waiving trial guarantees. It is essential that the power of attorney contains an express reference to the authority to request the special procedure for the specific case. A lack of such representative power by the counsel results in the inadmissibility of the request, which cannot be rectified after the deadline.

2. 2.

   Determination of the type of request

   The defendant may submit the request in a simple form, asking for the trial to be decided based on the existing file, or in a conditional form under Art. 438, paragraph 5 c.p.p. In a conditional request, the motion is subject to an evidentiary integration necessary for the decision. The requested integration must be compatible with the procedural economy objectives inherent to the special procedure. If the judge deems the integration unnecessary or incompatible, they reject the request; the defendant may however formulate a subordinate request or resubmit the motion in simple form within the deadline set by Art. 438, paragraph 6 c.p.p.

3. 3.

   Specification of evidence in conditional summary trial

   If a conditional request is chosen, the document must analytically list the evidence to be admitted. The evidentiary integration must be relevant and capable of overcoming the current state of the file without undermining the speed of the procedure. Defense counsel must justify why such evidence is indispensable for the decision and cannot be acquired otherwise. A generic formulation of the evidentiary requests exposes the motion to the risk of rejection by the Preliminary Hearing Judge.

4. 4.

   Compliance with deadlines for filing the request

   The request must be submitted, orally or in writing, within the mandatory deadline for the formulation of final arguments in the preliminary hearing. Pursuant to Art. 438, paragraph 2 c.p.p., compliance with this time limit is a condition for the admissibility of the procedure. If the procedure is requested following a decree for immediate trial (giudizio immediato), the deadline is fifteen days from the notification of the decree pursuant to Art. 458 c.p.p. The lateness of the request is not excusable and results in the continuation of the ordinary trial.

5. 5.

   Verification of admissibility and judicial order

   The judge rules on the request by order pursuant to Art. 438, paragraph 4 c.p.p., verifying the existence of legal requirements. In the case of a simple request, admission is mandatory if there are no legal impediments, such as offenses punishable by life imprisonment pursuant to Art. 438, paragraph 1-bis c.p.p. For a conditional request, the judge evaluates admissibility based on the relevance of the requested evidentiary integration. The admission order determines the continuation of the trial according to the forms provided by Art. 441 c.p.p., establishing the schedule for any evidence acquisition.

6. 6.

   Management of the decision phase and sentencing benefits

   Once the procedure is admitted, arguments are presented based on the Public Prosecutor's file and any integrated evidence. At the conclusion of the hearing, the judge issues a judgment pursuant to Art. 442 c.p.p., applying the statutory sentence reduction ex officio. In case of conviction, the sentence determined by the judge is reduced by one-third for felonies or one-half for misdemeanors. The summary trial judgment is appealable, subject to specific limits regarding the defendant and the Public Prosecutor provided for by Art. 443 c.p.p.

Legal basis: art. 438 c.p.p.art. 438 comma 1-bis c.p.p.art. 441 c.p.p.art. 442 c.p.p.art. 443 c.p.p.art. 458 c.p.p.