In the request, when it could be applied the conditional suspension of the penalty according to the article 163 and following of the Italian penal code, the defendant could subordinate the request to the grant of the suspension; if the judge rejects the suspension, the bargaining is refused. When both the prosecutor and the defendant have come to an agreement, the proposal is submitted to the judge, who can refuse or accept the plea bargaining.
In the request, when it could be applied the conditional suspension of the penalty according to the article 163 and following of the Italian penal code, the def?endant could subordi?nate the request to the grant of the suspension; if the judge rejects the su?spension, the bargaining is refused. When both the prosecutor and the defendant have come to an agreement, the proposal is submitted ,to the judge, who can refuse or accept the plea bargaining.