applicazione della pena a richiesta

English translation: determination of penalty on demand (of the parties)

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Italian term or phrase:applicazione della pena a richiesta
English translation:determination of penalty on demand (of the parties)
Entered by: HelenG

19:36 Mar 2, 2006
Italian to English translations [PRO]
Law/Patents - Law (general)
Italian term or phrase: applicazione della pena a richiesta
...che qualora ne ricorrano i presupposti di legge. potra` chiedere di definire la propria posizione processuale medante uno dei seguenti riti alternativi:

Giudizio abbreviato
Applicazione della pena a richiesta a norma dell 'art ....
Ivana UK
United Kingdom
Local time: 08:12
determination of penalty on request/demand (of the parties)
Explanation:
This is a special procedure used in Italy to speed up the court decision process whereby the accused gives up his right to defence in exchange for a reduction of whatever sentence the judge determines by one third. These sentences are laid down in the Criminal procedure code and the penalties are fixed. I have a lot more information available on this subject so if you need it, don't hesitate to e-mail me. Please note that the term "plea bargaining" is not incorrect but is an Americanism; the other problem with using it is that a plea bargain is a specific American procedure and this could lead to confusion as the two procedures are different. See Eurodicautom and also there is a research paper on the net under the other link (which does refer to it as plea bargaining;-). Best of luck!
Selected response from:

HelenG
United Kingdom
Local time: 08:12
Grading comment
Thank you so much for your excellent explanation Helen!
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +3determination of penalty on request/demand (of the parties)
HelenG
3plea bargain
Patricia Crotty


Discussion entries: 1





  

Answers


1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5
plea bargain


Explanation:
In particolare sia con il rito abbreviato che con l'applicazione della pena a richiesta di parte o patteggiamento le parti intendono evitare lo svolgimento del processo con il rito ordinario
www.101professionisti.it/ ftpnuovo/penale/proc_speciali.htm

Patricia Crotty
Local time: 09:12
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 318
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2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
determination of penalty on request/demand (of the parties)


Explanation:
This is a special procedure used in Italy to speed up the court decision process whereby the accused gives up his right to defence in exchange for a reduction of whatever sentence the judge determines by one third. These sentences are laid down in the Criminal procedure code and the penalties are fixed. I have a lot more information available on this subject so if you need it, don't hesitate to e-mail me. Please note that the term "plea bargaining" is not incorrect but is an Americanism; the other problem with using it is that a plea bargain is a specific American procedure and this could lead to confusion as the two procedures are different. See Eurodicautom and also there is a research paper on the net under the other link (which does refer to it as plea bargaining;-). Best of luck!


    Reference: http://europa.eu.int/eurodicautom/Controller
    Reference: http://www.law.emory.edu/EILR/volumes/fall97/vanc.html
HelenG
United Kingdom
Local time: 08:12
Specializes in field
Native speaker of: English
PRO pts in category: 12
Grading comment
Thank you so much for your excellent explanation Helen!

Peer comments on this answer (and responses from the answerer)
agree  Peter Cox
7 hrs

agree  Patricia Crotty: You're explanation is far more convincing!
11 hrs

agree  Alessandro di Francia (X)
1 day 12 hrs
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