Rito abbreviato: sì o no?

If you'd like to discuss your legal case, contact me here. http://www.avvocatofrancescodandria.it/ Many of my clients ask me: "Does the fast-track trial mean pleading guilty?" PRELIMINARY QUESTION: I've found myself many times when deciding whether to go to trial or pursue alternative procedures, such as negotiating a plea bargain or choosing the fast-track trial, many of my clients ask me: "Does the fast-track trial mean pleading guilty?" I honestly don't know where this comes from, but let's dispel this false belief right away. I'll tell you now and forever: The fast-track trial does not mean pleading guilty! Amen! An abbreviated trial means being tried not in a real trial where witnesses for the prosecution and defense are heard—and therefore the evidence is formed before a third-party, impartial judge through cross-examination of the parties—but rather the abbreviated trial judge decides based on the investigative documents. Ergo, the police documents, as if by magic, are transformed into evidence. Therefore, no one is found guilty; you will be judged solely on the basis of the investigative documents. In this case, the reasoning should not focus on the question "if I choose the abbreviated trial, will I plead guilty?" but rather: "if I choose the abbreviated trial, do I have a chance of being declared innocent?" Hence the initial question: abbreviated trial: yes or no? Many times, abbreviated trials are conducted because people say, "If the trial goes badly, they'll take away a third of my sentence." Let's be clear: I think this is flawed reasoning because it's a bit like a market sale. The seller tells you: you'll get a 50% discount on the sale merchandise; but perhaps he's raised the price tag on that stock. The judge can do the same thing if he deems the offense serious: should a third of the sentence be removed for choosing the summary trial? Yes, but the crime is very serious, so we start with a higher starting sentence. So, ultimately, the final result doesn't change. So: the summary trial must be conducted not only with a view to reducing the sentence—which is important, after all—but also with a view to the strategic benefit of choosing the summary trial, that is… how beneficial it is to not have the witnesses accusing you appear in court and to be judged solely on the basis of the evidence. I'll explain it all with an example. In a particularly complex stalking trial, the investigating authority had the victim's complaints; As many as 10 statements from people familiar with the facts stated that they had witnessed the suspect's stalking. Furthermore, my client had no favorable witnesses to present in court. Studying the investigation documents, I realized that the important and useful evidence for the defense was not presented in the trial but rather in the summary trial. That is to say: in this specific legal case, what purpose would it serve to hear the injured party and his witnesses again when the facts reported were objectively true? Deny the evidence? This would only have insulted the Judge, who would ultimately have written in his ruling: "No slanderous intent on the part of the Prosecutor General is apparent." Result: total failure. The remedy in this case is to "silence" the prosecution's witnesses, that is, to prevent them from appearing in the trial because, at best, they could confirm those statements and, at worst, aggravate them. In this case, therefore, it will be necessary to request a summary trial and develop the procedural strategy from other perspectives, leveraging the investigative documents. So, summary trial yes or no? It will therefore depend on a careful examination of the procedural documents. Then, and only then, can we decide what to do, because it depends on what is and isn't in the investigative file. *** Well, if you enjoyed this video, please "Like" it and subscribe to the channel. You'll always be updated on my new videos. If you'd like to entrust me with your legal case, call me and I'll be ready to listen and help you because... I'm Francesco D'Andria, and I'm on your side. ============================================================ Subscribe to my channel here https://www.youtube.com/user/MsDandri... Visit my website here http://www.avvocatofrancescodandria.it