D. Defense always has the last word and accused is always given the opportunity to speak. E. Judge must draft an opinion explaining the decision. Proceeding By Penal Decree a. Offer by prosecutor to resolve the case for a fine. Accused can accept or reject. Italian Plea Bargaining a. Parties can agree on a sentence and ask the judge to impose it.
Prosecutor can bargain to defer the sentence.
Defense may make request to judge, and prosecutor must explain why he refused the bargain. Judge must decide if case can be so resolved. Restricted appellate review. In Implementing the New System 1. Judge's have a lesser role 2.