Practical guide

How to draft the request for giudizio immediato (immediate trial) with AI

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

The request for giudizio immediato (immediate trial) is a special proceeding that bypasses the udienza preliminare (preliminary hearing) to move directly to dibattimento (trial). This guide examines the procedural and substantive requirements the Pubblico Ministero (Public Prosecutor) must observe for the validity of the act.

In brief

Giudizio immediato (immediate trial) is a special proceeding initiated by the Pubblico Ministero (Public Prosecutor) when there is evidenza della prova (evident proof) and the defendant has been interrogato (interrogated) or failed to appear. The act must be filed with the G.I.P. office within ninety days of the registration of the notizia di reato (crime report) or, in cases of custodia cautelare (custody), within the statutory deadlines. Precision in detailing the sources of evidence and respecting defense guarantees is essential for the court to grant the trial request.

The steps

1.
Verification of evident proof
The first fundamental requirement is the existence of evidenza della prova (evident proof). The Public Prosecutor must assess whether the evidence gathered during the preliminary investigations makes the preliminary hearing redundant. edit.legal helps categorize sommarie informazioni (summary information reports) and technical results to highlight the solidity of the prosecution's case. The proof must be objectively unambiguous and capable of withstanding an immediate critical evaluation by the judge.
2.
Execution of the interrogation
Under Art. 453 c.p.p., the proceeding is allowed only if the defendant has been interrogato (interrogated) on the facts establishing the evident proof, or if, having been formally summoned, they failed to appear. A generic interrogation is not sufficient: the act must reflect that the suspect had the opportunity to specifically address the charges. Failure to comply with this step constitutes an insuperable ground for the inadmissibility of the request.
3.
Compliance with filing deadlines
The request must be filed within ninety days of the registration of the notizia di reato (crime report) in the register under Art. 335 c.p.p. (general immediate trial). If the defendant is in custodia cautelare (custody), the deadline is one hundred and eighty days from the execution of the measure, provided the investigations are not jeopardized. edit.legal allows for the monitoring of these mandatory deadlines, preventing lapses that would require ordinary proceedings.
4.
Drafting the charges and indicating evidence sources
The act must contain a clear and precise statement of the facts, circostanze aggravanti (aggravating circumstances), and those that may lead to the application of security measures. It is mandatory to indicate the fonti di prova (sources of evidence) justifying the request. Using edit.legal, the Public Prosecutor can directly link each charge to the relevant evidentiary documents in the digital file, ensuring completeness and clarity in presentation.
5.
Filing with the G.I.P. and file formation
The request must be submitted to the Cancelleria del Giudice per le Indagini Preliminari (Office of the Judge for Preliminary Investigations, G.I.P.) together with the fascicolo delle indagini (investigation file). The file must contain the notizia di reato (crime report), documentation of the investigations performed, and the interrogation record or proof of the ignored summons. Electronic transmission must follow current protocols, ensuring data integrity and the availability of all technical attachments necessary for the judge's decision.

Legal basis: Art. 453 c.p.p.Art. 454 c.p.p.Art. 455 c.p.p.Art. 456 c.p.p.Art. 335 c.p.p.

Mistakes to avoid

Request filed after the mandatory 90-day deadline from the registration of the notizia di reato (crime report) without valid justification.
Failure to conduct an interrogatorio (interrogation) on all facts covered by the special proceeding request.
Incompleteness of the investigation file filed with the request, omitting relevant documents.
Incorrect identification of the competent judge in case of connessione di procedimenti (joinder of proceedings).

Frequently asked questions

What happens if the G.I.P. rejects the request for an immediate trial?

If the judge finds the requirements are not met, they issue an order to return the documents to the Pubblico Ministero (Public Prosecutor) to proceed via ordinary forms.

Can the defendant object to the immediate trial requested by the PM?

No, the defendant cannot directly object to the choice of the proceeding, but they can request alternative rites such as giudizio abbreviato (summary trial) or patteggiamento (plea bargaining) within 15 days of notification.

Is an immediate trial possible for crimes within the jurisdiction of a single-judge court?

Yes, an immediate trial is applicable even to proceedings before a tribunale in composizione monocratica (single-judge court), provided the crimes do not require a citazione diretta (direct summons).

Editorial oversight: Avv. Federico Papa·ICAMUpdated 23 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

—Automatic extraction of chronological data to calculate the 90 and 180-day deadlines.
—Semantic analysis of records to verify consistency between the charges and the interrogation.
—Automatic generation of the investigation file index attached to the request.