What is the suspension of criminal proceedings with probation? When is it appropriate to use it?
Ordinarily, an Italian criminal proceeding begins with a report of a crime and unfolds through preliminary investigations (during which the investigators—the main actors in this phase—seek evidence to determine the validity of the report, For further information on Preliminary Investigations, CLICK HERE). The process then leads to the trial phase (where the prosecution and defense confront each other on equal terms before an impartial and neutral judge).
The trial phase is legally mandated to ensure the full implementation of the right to defense for the accused, who is presumed innocent until a final judgment is rendered, in line with the well-known presumption of innocence. Therefore, the accused may defend themselves by presenting their own witnesses and documents, and generally engaging in any defensive activities aimed at challenging the prosecution’s case (including cross-examining opposing witnesses with their own questions).
However, in certain cases, opting for the trial phase may be inadvisable from a defense perspective.
Consider situations where the preliminary investigations have been conducted so meticulously by the investigators that they have gathered extremely strong—almost irrefutable—evidence of the crime’s commission (for instance, where numerous and converging accusatory witness statements exist, along with multiple video files recorded by surveillance cameras and eyewitnesses, fully capturing the criminal act and its perpetrator).
In such cases, it may be extremely difficult to “offer” an alternative reconstruction of the events: the trial might even reveal, in greater detail, the severity of the events, as it is the forum designated to clarify the specifics of each legal case.
Furthermore, it may be inadvisable to enter the trial phase in cases where, although the defendant is innocent, the events have occurred in such an unusual manner that it becomes extremely difficult to provide an alternative reconstruction that proves the alleged perpetrator’s innocence (consider the lack of defense witnesses, perhaps due to accidental causes such as their untimely death, or the destruction of essential documents, such as video files proving the accused’s innocence and the responsibility of other individuals, etc.).
In such (and similar) cases, it may be advisable, from a defense perspective, to request the suspension of the proceedings with probation: this is an alternative method (to the trial) for resolving criminal proceedings, which can be initiated at the defendant’s request. If granted, it allows the trial phase to be entirely bypassed, leading quickly to a judgment declaring the extinction of the crime, provided that the probation is completed successfully.
Specifically, by opting for this alternative procedure, the defendant proposes to perform community service (in a manner and on a schedule that does not conflict with their work and family commitments), to eliminate any harmful or dangerous consequences of the crime, to compensate for damages (where possible), and also commits to complying with specific behavioral requirements, all under the supervision of the Judicial Authority.
If the probation is successfully completed, the judge will immediately issue a judgment declaring the extinction of the crime.
Although this, like the “giudizio abbreviato” (For further information on “Giudizio Abbreviato” CLICK HERE) is an alternative to the trial, it differs in its applicability to a significantly smaller number of offenses (being allowed only for less serious crimes). Therefore, it is essential to promptly consult with your trusted attorney to review the case files and carefully assess the possibility of opting for this alternative method of resolving the criminal proceedings.
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Jacopo Antonio Ahmad
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