Topics relating to the subject of "prison criminal law" are, among others:

  • personal and property prevention measures (frequently applied to individuals convicted of "prison criminal law" crimes, but not only);
  • the execution of penis and the judgments of surveillance aimed at obtaining the benefits of the penitentiary system (probation, semi-liberty, home detention, permits, early release, etc.);
  • the repair for theunjust detention (in cases where the subjection to a precautionary measure the conviction proved to be unjust, following the acquittal of the accused) and the review of the trial.
Detenuto in carcere

The crimes of "prison criminal law"are extremely serious, punished with very severe sanctions, which can reach up to life imprisonment: it is therefore clear that anyone accused of such crimes will need to be assisted by a Lawyer that he is expert in these matters to avoid the risk of an unjust conviction or to hope - if the evidence against him is overwhelming - at least in a more lenient sentence.

Given the social alarm caused by such crimes and the attention that the mass media reserve for serious news events, the arrest and application of precautionary custodial measures against those suspected of such crimes is extremely frequent: in such cases it is It is necessary to have perfect knowledge of the procedures for reviewing measures restricting personal freedom and the rapid execution of the required procedures, in order to adequately defend oneself.

In many cases it may be necessary to carry out defensive investigations, searching for and examining witnesses, or acquiring documents, or even relying on people who are experts in technical subjects that require specialized training (for example, ballistic, toxicological, anthropometric, biological consultancy, etc.): the choice to proceed with such investigative actions is left to the sensitivity of the Lawyer, who must be able to understand which investigative strategy to follow in the interests of his client. Similar capabilities presuppose specific expertise in the matters of "prison criminal law": the firm also makes use - as necessary - of the external collaboration of technical consultants expert in the main forensic matters, able to provide their technical-scientific contribution where required.

Then, when - once the preliminary investigations have been concluded - it is time to face the trial, the assistance of a criminal lawyer expert in the aforementioned subjects will be even more relevant: it will be necessary to make use of a lawyer who is able to study the results of the investigations, evaluate the acquittal perspectives and formulate the most difficult of the choices to which a defender is called: that of the procedural rite to adhere to (ordinary trial, summary trial, "plea bargaining", etc.). This is a decision with very important consequences both in terms of sanctions (due to the "discount" of the sentence foreseen for certain procedural rites) and evidentiary consequences (due to the possibility, in certain cases, that the trial is defined on the sole basis of the results of the preliminary investigations). A wrong procedural choice can lead to the conviction of an innocent person, or the application of a much more severe punishment than that which could have been obtained with other decisions. For these reasons, if you are accused in delicate trials relating to "prison criminal law", it will be necessary for you to avail yourself of the assistance of a lawyer experienced in such matters.

If the procedural choice is that of ordinary judgment, the assistance of an expert lawyer in the trial handling of trials is absolutely essential. The trial investigation is often the site of a clash with the public prosecutor which frequently turns out to be harsh and energetic, and which is always extremely technical: perfect knowledge of the numerous procedural rules that govern the trial and of the jurisprudential guidelines on the matter is fundamental for face the "debate ordeal" with hopes of victory. The need to respond immediately and firmly to one's procedural interlocutor means that only a lawyer who has an excellent knowledge of the process and a perfect awareness of the procedural rules can face it calmly.

Furthermore, particular expertise is also required for appeal proceedings: the drafting of a good appeal or appeal document is of fundamental importance for the successful outcome of the appeal.

Furthermore, once the trial is over, the executive phase of the irrevocable sentence begins: knowledge of execution and surveillance judgments - extremely technical and complicated matters - is necessary to provide adequate assistance to clients definitively convicted and to allow them to benefit from the alternative measures to detention provided by our penitentiary system.

If - as often happens - the trial on the merits ends with an acquittal and the accused has unjustly undergone a period of precautionary custody or house arrest, thelawyer Asmahi of Bologna can activate the necessary procedures to obtain the "compensation" (or, better, the "reparation") provided by law in these cases.

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