Practical guide

How to draft the plea bargaining in appeal under Art. 599-bis c.p.p. with AI

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

The concordato in appello, agreed sentence in appeal, governed by Art. 599-bis of the Italian Code of Criminal Procedure, is a key procedural tool for judicial efficiency. This guide examines how to draft the joint petition for accepting appeal grounds or redefining the sentence.

In brief

The petition for an agreed sentence in appeal under Art. 599-bis c.p.p. is the document where parties notify the Court of Appeal of their agreement on specific grounds of appeal, involving a waiver of all other grounds. For the petition to be valid, the defense counsel must hold a procura speciale, special power of attorney, and the crime must not be among the exclusions listed in paragraph 2. The agreement must be formalized in a written document filed electronically at least fifteen days before the hearing.

The steps

1.
Verification of objective admissibility limits
The first step is to ensure that the offense does not fall under the exclusions set out in Art. 599-bis, paragraph 2 c.p.p. The plea agreement is prohibited for crimes involving organized crime, terrorism, sexual violence, and other high-gravity offenses. If these prerequisites are not met, the petition will be declared inadmissible, and the Court must proceed with the standard appeal procedure.
2.
Negotiation with the Procuratore Generale, General Prosecutor
Before drafting the document, it is necessary to initiate a preliminary phase with the Procura Generale, General Prosecutor's Office, at the Court of Appeal. During this stage, the parties agree on a new sentence calculation or the acceptance of specific grounds, such as the legal reclassification of the act. edit.legal can assist in comparing statutory penalties to formulate a proposal consistent with the practices of the relevant judicial office, facilitating the achievement of consensus between the parties.
3.
Drafting the petition and waiver of grounds
The document must contain a detailed indication of the appeal grounds subject to the agreement and an express statement of waiver for all other originally filed grounds. The waiver must be unconditional. The document must specify the agreed sentence, detailing the base penalty, increases for continuazione, joinder of offenses, and reductions for mitigating circumstances or the specific procedure. Clarity in the sentence calculation structure is essential for the Court's legality review.
4.
Verification of the Procura Speciale, Special Power of Attorney
The defense counsel can only sign the plea agreement petition if granted a procura speciale, special power of attorney, under Art. 122 c.p.p. The power of attorney must specifically reference the proceedings and include the authority to waive appeal grounds and agree on the sentence. Without this document, or if the power of attorney is generic, the petition signed only by the lawyer is ineffective. It is best practice to attach a copy of the special power of attorney directly to the electronically filed petition.
5.
Filing and procedural deadlines
The joint petition must be submitted to the registry of the Court of Appeal. Under Art. 599-bis c.p.p., the agreement must be filed at least fifteen days before the hearing. Filing via the Portale Deposito Atti Penali (PDP: Criminal Documents Filing Portal) is mandatory to ensure the timeliness of the procedure. If the deadline is not met, the Court will not be able to proceed with the ratification of the agreement at the scheduled hearing.

Legal basis: Art. 599-bis c.p.p.Art. 602 comma 1-bis c.p.p.Art. 122 c.p.p.Art. 581 c.p.p.

Mistakes to avoid

Absence of a procura speciale, special power of attorney, issued specifically for the plea agreement.
Specifying a final sentence below statutory minimums without correct application of mitigating factors.
Failure to expressly waive all grounds not subject to the agreement.
Filing the petition later than the deadline of fifteen days before the hearing.

Frequently asked questions

What happens if the Court of Appeal rejects the agreement?

If the Court finds that it cannot accept the petition, for instance, because it considers the sentence inappropriate, it orders the standard procedure to resume. In this case, the request and the waiver of grounds become void.

Can the civil party oppose the agreed sentence in appeal?

The parte civile, civil party, cannot prevent the agreement between the defendant and the Prosecutor, but they have the right to submit their conclusions and request the confirmation of the civil awards from the first-instance judgment.

Is it possible to agree only on the sentence without waiving grounds?

No, the structure of Art. 599-bis c.p.p. strictly requires that the agreement on the sentence be contingent upon the waiver of all or some grounds of appeal, thereby narrowing the scope of the judgment.

Editorial oversight: Avv. Federico Papa·ICAMUpdated 28 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

—Automation of sentence calculation based on statutory ranges and joinder rules.
—Automatic verification of crime compatibility with the objective exclusions of Art. 599-bis.
—Assisted generation of the grounds waiver clause and the special power of attorney integrated into the document.