Practical guide

How to draft a request for the issuance of a criminal conviction decree with AI

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

The conviction decree procedure (procedimento per decreto) is a special summary rite aimed at concluding criminal proceedings during the preliminary investigation phase, avoiding a full trial. Through edit.legal, practitioners can optimize the drafting of the request and the calculation of the reduced fine.

In brief

The request for a criminal conviction decree is the act by which the Public Prosecutor (Pubblico Ministero) asks the Judge for Preliminary Investigations (G.I.P.) to impose a fine (pena pecuniaria), even as a substitute for imprisonment. The request must be filed within six months of the suspect's registration in the crime report register. It implies waiving the trial phase in exchange for a penalty reduction of up to one-half of the statutory minimum.

The steps

1.
Verification of application requirements
The Public Prosecutor must first ascertain that only a fine is applicable for the offense, even if substituted for detention. The procedure is not allowed if a personal security measure (misura di sicurezza personale) must be applied. It is also necessary to verify that the complainant (querelante) has not expressed opposition. At this stage, edit.legal assists in checking the statutory compatibility of the crime with the limits set by Art. 459 c.p.p.
2.
Compliance with the six-month deadline
The request must be filed with the G.I.P. registry within six months from the date the suspect's name was recorded in the register of crime reports (registro delle notizie di reato). Although this deadline is generally considered non-peremptory by case law, exceeding it may affect procedural efficiency assessments. Using digital tools allows for monitoring pending file deadlines and generating the document promptly to ensure the effectiveness of the special procedure.
3.
Determination of the penalty and benefits
The document must state the specific penalty requested. The Public Prosecutor may request a fine reduced by up to half of the statutory minimum. It is essential to specify if a suspended sentence (sospensione condizionale) is requested. For offenses punishable by imprisonment, the conversion (ragguaglio) must follow the criteria in Art. 459, paragraph 2 c.p.p., determining a daily fine value between 5 and 250 euros based on the suspect's economic situation. edit.legal automates these complex calculations, reducing the risk of clerical errors in the final quantification.
4.
Formulating the charge and evidence
The request must contain a clear and precise statement of the facts, indicating the violated laws and the evidence gathered during investigations. This is an essential requirement to allow the judge to assess the validity of the punitive claim without a hearing. The preliminary investigation file and any complaint (querela) must be attached. Descriptive precision is crucial because the decree becomes irrevocable if not opposed, serving as an enforceable title.
5.
Drafting conclusions and filing
The document concludes with the formal motion for the issuance of the decree. The Public Prosecutor must also indicate if there are seized assets for which forfeiture (confisca) or restitution is requested. Once completed, the document is digitally signed and filed electronically via the internal IT systems of the judicial offices. edit.legal facilitates the standardization of closing clauses and ensures all formal requirements under Art. 459 c.p.p. are met before official submission.

Legal basis: Art. 459 c.p.p.Art. 460 c.p.p.Art. 464 c.p.p.Art. 135 c.p.

Mistakes to avoid

Incorrect application of conversion criteria from detention to fine under Art. 459 c.p.p.
Omission of mandatory forfeiture requests for specific crimes.
Failure to attach the complaint or proof of its timeliness.
Requesting a decree for crimes involving incompatible non-pecuniary ancillary sanctions.
Errors in calculating the six-month filing deadline.

Frequently asked questions

What happens if the G.I.P. rejects the request?

If the judge determines that the requirements are not met or the proposed penalty is inappropriate, they return the files to the Public Prosecutor for ordinary proceedings.

Can the defendant oppose the criminal decree?

Yes, the defendant has 15 days from notification to file an opposition (opposizione) and request an immediate trial, summary trial, or plea bargain.

Does the criminal decree involve a conviction for legal costs?

No, one of the advantages of the decree procedure is that the convicted person is exempt from paying the costs of the proceedings.

Editorial oversight: Avv. Federico Papa·ICAMUpdated 9 November 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

—Automatic calculation of the conversion between imprisonment and fines according to the criteria in Art. 459, paragraph 2 c.p.p.
—Verification of filing timeliness relative to the registration date of the crime report.
—Automated charge generation based on uploaded investigation reports.
—Consistency check between the statutory penalty and the proposed reduction.