Practical guide

How to draft concurrent crime or aggravating circumstance charges under Art. 517 c.p.p. with AI

4 min read · Updated September 2026 · Editorial oversight: Avv. Federico Papa

Art. 517 c.p.p. regulates cases where a reato concorrente, concurrent crime, or a circostanza aggravante, aggravating circumstance, emerges during the trial's evidentiary phase. This guide details how to formalize the new charge while ensuring the defendant's right to be heard and the principle of correlation between the charge and the final judgment.

In brief

The charge under Art. 517 c.p.p. allows the Prosecution to expand the trial's scope if the evidence reveals new criminal liability profiles. The statement must be precise, clearly identifying the new facts or aggravating factors found. Following the additional charge, the defense is entitled to request a termine a difesa, stay of proceedings, and, in specific circumstances, access to alternative trial procedures. edit.legal assists practitioners in ensuring consistency between trial transcripts and supplementary charging documents.

The steps

1.
Verification of the trial evidentiary basis
The first step is ensuring that the new evidence actually emerged during the istruzione dibattimentale, evidentiary stage. For specific case law references, please consult the official rulings of the Court of Cassation. Art. 517 c.p.p. cannot be used to rectify oversights from the preliminary investigation if the elements were already known to the Prosecutor before the trial order. The charge must be based on new evidence or information emerging from the examination of witnesses or experts during the trial.
2.
Analysis of the court's jurisdiction
Before proceeding, the Prosecutor must verify if the concurrent crime falls within the competenza, jurisdiction, of the presiding judge. If the new crime belongs to a higher court's jurisdiction (e.g., from a single-judge to a collegiate bench), the judge must declare lack of competence and transfer the records to the Prosecutor at the competent court. This check is vital to avoid absolute nullity of the proceedings due to jurisdictional errors.
3.
Oral or written formulation of the charge
The charge is typically made during the hearing via an oral statement recorded in the minutes. However, for precision and to facilitate review via edit.legal, submitting a written note is recommended. The document must contain an analytical description of the criminal act, imputazione, or the aggravating factor, specifying the statutory provisions violated. The description must be specific enough to allow the defense to exercise its rights without uncertainty regarding the alleged conduct.
4.
Charging the present or absent defendant
If the defendant is present in court, the charge must be made to them personally. Charging the defense counsel, difensore, is provided for by Art. 520 c.p.p. only if the defendant is absent, assente. In such cases, the charge must be recorded in the hearing minutes and a summary must be served to the defendant following the standard rules for summons. Without a direct charge to the present defendant or proper notification to the absent one, the new charge is ineffective and cannot serve as the basis for a conviction.
5.
Recognition of defense rights
Following the charge, the Presiding Judge must inform the defendant of the right to request a termine a difesa, stay for defense, not shorter than the period specified in Art. 519 c.p.p. The defense also has the right to request the admission of new evidence regarding the new allegation. In cases of new facts or concurrent crimes, the defendant may be entitled to request special procedures, such as giudizio abbreviato, summary trial, or patteggiamento, plea bargain, specifically for the new charges.

Legal basis: Art. 517 c.p.p.Art. 516 c.p.p.Art. 519 c.p.p.Art. 520 c.p.p.Art. 521 c.p.p.Art. 429 c.p.p.

Mistakes to avoid

Charging facts that were already known before the trial, making the act potentially void or unusable.
Failure to grant a termine a difesa, stay for defense, after the new charge, leading to the nullity of the judgment.
Omission of notification to the absent defendant or failure to charge the present defendant personally.
Generic formulation of the concurrent crime without precise indication of the features distinguishing it from the original crime.

Frequently asked questions

Can a completely new fact be charged under Art. 517 c.p.p.?

Art. 517 refers to concurrent crimes or aggravating circumstances. For a completely foreign and unconnected fatto nuovo, unconnected fact, Art. 518 c.p.p. states that the charge can only be made during the hearing with the defendant's consent and if it does not prejudice the trial's efficiency.

What happens if the Prosecutor fails to charge an aggravating factor that emerged during trial?

The judge cannot apply an aggravating factor in the final judgment if it was not formally charged by the Prosecutor, unless they are circumstances that do not change the type of penalty or are purely inherent to the defendant's person, respecting the principle of correlation between charge and judgment.

Can the defendant request a summary trial after the new charge?

Yes, the Constitutional Court has ruled that following new trial charges under Arts. 516 and 517 c.p.p., the defendant can request a giudizio abbreviato, summary trial, or patteggiamento, plea bargain, specifically for the new or modified facts.

Editorial oversight: Avv. Federico Papa·ICAMUpdated 17 September 2026Content drafted with AI support and subject to editorial source checks. Despite these controls, inaccuracies may remain: reports and rectification requests are welcome. Report a correction

What edit.legal automates

—Automated analysis of trial transcripts to identify discrepancies with the original indictment decree.
—Generation of the supplementary charge note with precise references to the applicable sections of the Italian Penal Code.
—Verification of procedural compatibility between new charges and the court's jurisdiction.
—Monitoring procedural deadlines and defense stays through the consultation of official court records.