06 Nov execution order for incarceration
L’art. 656 c.p.p. It represents a transition from procedural cognitive phase, that ends with the res judicata of the judgment, to the execution phase, in which shall be put into execution of the sentence.
The procedural order gives the p.m. the duty to issue the execution order against the convicted by a final judgment, specifying the developments of the procedure depending on whether the offender is free or detained.
In the first case, indeed, under subsection 5 the provision in question, where the prison sentence, even if residual constituent of a longer sentence is not more than four years (or six years in the cases referred to in Articles 90 e 94 the D.P.R. n. 309), it P.M., unless there are assumptions contemplated in subparagraphs 7 e 9, it suspends execution.
In tal senso, within 30 days from notification of the order of execution and the suspension decree, the convicted person may submit application, accompanied by the information and documentation necessary, aimed at obtaining the provision of one of the alternatives to detention.
If instead the penalty to be performed is greater than the expected limits Ordinamento, or has as its object criminal cases of particular seriousness (in art. 4 to O.D.), the condemned will be achieved by an execution order immediately enforceable; will later, to be held, advancing alternative measure request (probation, house arrest, day release) the Probate Court.