Practical guide

How to draft the request for a defense term under Art. 108 c.p.p. with AI

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

The request for a defense term is a fundamental safeguard for effective technical representation in criminal proceedings. This guide analyzes the drafting methods and legal requirements to request the necessary time to examine case files when a new defense counsel takes over.

In brief

The request under Art. 108 c.p.p. (termine per la difesa) is the document by which a new defense counsel, appointed following the withdrawal, revocation, incompatibility, or abandonment of the previous lawyer, seeks adequate time to study the file. The law provides for a minimum period of seven days, which can be reduced only in specific urgent cases or with the parties' consent. Failure to grant this term when the conditions are met can result in a general nullity of the proceedings.

The steps

1.
Identification of the objective grounds
The first step is to verify that one of the scenarios provided by Artt. 107 and 108 c.p.p. has occurred: withdrawal (rinuncia), revocation (revoca), incompatibility (incompatibilità), or abandonment of the defense. The defense term is due to both private counsel (difensore di fiducia) and court-appointed counsel (difensore d'ufficio) appointed to replace the previous one. The new appointment or official designation must be formally documented before proceeding with the request.
2.
Determining the minimum term and adequacy
Art. 108 c.p.p. establishes a minimum term of seven days. However, in complex proceedings with numerous files or wiretaps, the counsel should request a longer term, justifying the need for more time to ensure effective assistance. If the requested term is the legal minimum, no specific justification is needed, whereas for longer terms, it is essential to describe the volume of evidentiary material to be examined.
3.
Drafting the structure of the document
The request must include the heading of the proceeding Judicial Authority, the General Register numbers (R.G.N.R. or R.G. Trib.), and the client's details. This is followed by a brief summary of the event that led to the substitution of the counsel. The operative part must contain the explicit request for the granting of the term under Art. 108 c.p.p., specifying the exact number of days requested and any request to adjourn a previously scheduled hearing.
4.
Assessment of derogations and urgency
Attention must be paid to cases where the term is reduced. The term may be less than seven days only with the consent of the defendant or the counsel, or in specific urgent cases related to the expiration of precautionary detention limits or the performance of non-repeatable acts. In such cases, the counsel must ensure that the shortening of the term does not irremediably prejudice the right of defense, filing an objection if necessary.
5.
Filing and methods of presentation
The request can be presented orally during a hearing, recorded in the minutes, or filed at the clerk's office (cancelleria) or via the electronic portal if the substitution occurs outside of court. It is good practice, if the private appointment occurs close to the hearing date, to file the request urgently to allow the judge to consider the adjournment before the parties' formal appearance, avoiding unnecessary travel for witnesses or other parties involved.

Legal basis: Art. 108 c.p.p.Art. 107 c.p.p.Art. 97 c.p.p.Art. 24 Costituzione

Mistakes to avoid

Forgetting to formally request the adjournment of the hearing in a request filed out of court.
Requesting the term after the evidentiary stage of the trial has already concluded, except in exceptional cases.
Failing to specify the number of days requested, leaving the decision entirely to the judge's discretion.
Confusing the defense term (termine a difesa) with the deadline for appeal (termine per l'impugnazione), which follows different rules and requirements.

Frequently asked questions

Can the defense term be denied if the appointment is considered dilatory?

According to the prevailing view, the judge cannot question the reasons for substituting counsel, but may limit the term to the legal minimum of seven days if purely dilatory purposes are found, provided that the effectiveness of the defense is not compromised.

What happens if the 7-day term expires on a public holiday?

General rules on procedural deadlines under Art. 172 c.p.p. apply, therefore the deadline is automatically extended to the next business day.

Is the term due even if a second counsel is appointed?

No, if the defendant is already assisted by another counsel who remains in office, the appointment of a second lawyer does not automatically grant the right to a defense term under Art. 108 c.p.p., as continuity of defense is ensured by the first professional.

Editorial oversight: Avv. Federico Papa·ICAMUpdated 18 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

—edit.legal suggests an appropriate duration for the term by analyzing the volume of documents and the type of offense charged.
—Automated drafting of the request with automatic insertion of procedural references and hearing adjournment clauses.
—Immediate verification of pending precautionary detention limits to prevent forfeitures or automatic reductions of the defense term.