Practical guide

How to draft a criminal judgment under Art. 544 c.p.p. with AI

3 min read · Updated October 2026 · Editorial oversight: Avv. Federico Papa

The drafting of the judgment is the final phase of the criminal deliberation process, governed by Art. 544 c.p.p. The provision establishes a hierarchy of deadlines for filing the reasoning based on the complexity of the case.

In brief

Pursuant to Art. 544 c.p.p., the judgment is drafted by the presiding judge or a member of the panel immediately after deliberation. The general rule requires reasoning concurrent with the dispositive part, but the judge may reserve a fifteen-day term or, in particularly complex cases, a longer term specified in the dispositive part, not exceeding ninety days. The reasoning (motivazione) must include an analysis of factual and legal elements, indicating the evidence supporting the decision and the reasons for rejecting conflicting evidence.

The steps

1.
Assessment of complexity and choice of deadline
The first operational step is determining whether the reasoning can be drafted concurrently with the dispositive part (reading in court) or if a deferred deadline is required. If the reasoning is not concurrent, the judge must specify the necessary filing term in the dispositive part. Generally, the term is fifteen days, but for complex cases involving numerous parties or extensive evidence, the judge may indicate a longer period, which strictly cannot exceed ninety days from the pronouncement.
2.
Drafting the procedural history
The document must begin with a description of the procedural history (svolgimento del processo). edit.legal facilitates this phase by summarizing the trial stages. It is necessary to report the parties' final submissions, the evidence motions granted, and the course of the trial hearing (istruttoria dibattimentale), ensuring the narrative explains the facts of the case and any preliminary issues resolved during the proceedings.
3.
Analysis of evidence and factual reasoning
This is the central section of the ruling. The judge must set out the factual grounds (motivi di fatto), specifically indicating the evidence supporting the decision. It is essential not to merely list evidence but to provide a critical analysis: one must explain why certain elements were deemed reliable and why conflicting evidence (presented by the defense or prosecution) was disregarded or considered irrelevant for the judgment of guilt or acquittal.
4.
Legal qualification and legal reasoning
Following the factual reconstruction, the judge must proceed with the legal qualification (sussunzione) under the relevant criminal provision. The judge must argue the existence of the objective and subjective elements of the crime, analyzing any justification or exclusionary grounds. edit.legal assists the drafter in correctly referencing the statutory parameters and Supreme Court precedents necessary to support the legal interpretation adopted, ensuring the logical-legal coherence of the entire judgment.
5.
Sentencing and civil provisions
In case of conviction, the judgment must explain the criteria used for sentencing, starting from the base penalty and indicating the impact of aggravating or mitigating circumstances. If a civil party (parte civile) is involved, the judge must rule on the claim for damages, potentially proceeding with a provisional award (provvisionale) if requested and supported by sufficient evidence.
6.
Signature and filing with the registry
Once completed, the judgment must be signed by the president and the drafter. If the president is unavailable, the senior member signs; if the drafter is unavailable, the president signs alone. The filing (deposito) with the registry (cancelleria) must occur within the terms established by Art. 544 c.p.p. The clerk stamps the date and signs, making the ruling public and triggering the deadlines for filing an appeal.

Legal basis: Art. 544 c.p.p.Art. 546 c.p.p.Art. 548 c.p.p.Art. 154 disp. att. c.p.p.

Mistakes to avoid

Failure to indicate the deferred deadline in the hearing minutes or the dispositive part read in court.
Conflict between the dispositive part read in court and the reasoning filed later.
Omission of specific reasoning regarding the exclusion of decisive evidence requested by the defense.

Frequently asked questions

What happens if the judge files the judgment after 90 days?

Late filing does not cause the judgment to be null and void, but it requires notifying the parties of the filing to start the appeal period and may result in disciplinary consequences for the judge.

Is the 90-day period suspended during the summer break?

Yes, since it is a deadline related to the drafting of the judgment and not a maximum term for precautionary custody, the summer suspension of procedural terms applies.

Is it possible to extend the 90-day deadline?

Art. 544 c.p.p. sets an unsurpassable maximum limit of 90 days. Any further delays must be justified, but there is no formal extension procedure that shifts the statutory limit.

Editorial oversight: Avv. Federico Papa·ICAMUpdated 28 October 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

—Automation of trial minutes summarization for the procedural history section.
—Verification of logical consistency between cited evidence and legal conclusions.
—Suggestion of statutory references and Supreme Court precedents relevant to the case.