December 2009 (UTC)

It is not common (because almost every defendant in murder cases opts for a fast-track trial) but it may happen.

A fast-track trial is a trial where no actual trial is involved. I'll try to explain it. A criminal proceeding in Italy consists of many phases:
1. preliminary investigations;
2. preliminary hearing;
3. trial;
4. appeals.

After the preliminary hearing, the Judge only decides whether or not the evidence gathered so far is enough to sustain a case in Court. If so, he sends the defendant before the Judge of the Trial, where he will be convicted or acquitted; if not, the Judge sort of acquits the defendant.

A defendant can, though, choose to give up his right to a trial. He will be, then, tried by the Judge of the Preliminary Hearing, who will hand down a judgement, based upon the evidence gathered so far.

Since this is a reduction of the defendant's rights, it must be he who asks for a fast-track trial. In exchange for that, he is compensated with a lighter sentence. If there are two or more defendants, one may opt for a fast-track trial and the other choose to stick to the standard pattern. In this case, since it would be unfair (or so Italians think) to let the wishes of one of them take precedence over those of the other, the two defendants are tried separately, even though they committed the same crime.   14:05, 11