The Importance of Defensive Investigations in Criminal Proceedings

In the context of criminal proceedings, procedural truth does not always emerge spontaneously from the prosecution's evidence. Often, crucial elements for the defense of the suspect or defendant remain in the shadows if not actively sought. This is where the fundamental role of the criminal defense lawyer comes into play, who must not limit themselves to countering the Public Prosecutor's arguments but has the duty and the right to seek evidence in favor of their client. The search for witnesses and the acquisition of new evidentiary elements through defensive investigations represent indispensable tools for ensuring a fair trial and an effective defense.

The Regulatory Framework: Right to Evidence and Article 391-bis of the Code of Criminal Procedure

The Italian legal system, with the introduction of the law on defensive investigations (Law 397/2000), has unequivocally established equality of arms between prosecution and defense. The code of criminal procedure, particularly in articles 327-bis and following, grants the defense lawyer the power to conduct investigations to search for and identify evidence in favor of their client. This means that the defense is no longer a passive subject awaiting the Prosecutor's moves but becomes an active participant in reconstructing the facts. Permitted activities include interviews, receiving statements, and gathering information from persons informed about the facts, requests for documentation from public administration, and access to locations for technical or descriptive surveys. The ability to identify a key witness, who may not have been heard by law enforcement during the preliminary investigations, can often determine the outcome of a trial, transforming a critical situation into an acquittal.

Studio Legale Bianucci's Approach to Defensive Investigations

The approach of lawyer Marco Bianucci, as an expert criminal lawyer in Milan, is distinguished by proactivity and meticulousness in building the defense strategy. Aware that every detail can make a difference, the firm leaves nothing to chance. When it comes to defensive investigations, lawyer Marco Bianucci coordinates a team of qualified professionals, availing himself, where necessary, of the collaboration of authorized private investigators and party-appointed technical consultants. The goal is not just to find witnesses but to verify the reliability of their statements and contextualize them within the procedural strategy. This modus operandi allows for anticipating the prosecution's moves and presenting the Judge with an alternative and solid reconstruction of the facts, supported by concrete and legally acquired evidence. Technical defense, therefore, evolves into investigative defense, where legal expertise merges with action on the ground to best protect the client's freedom and rights.

Frequently Asked Questions

What exactly are defensive investigations?

Defensive investigations are all those investigative activities carried out by the defense lawyer, personally or through substitutes, authorized private investigators, and technical consultants, aimed at searching for and identifying evidence in favor of their client. These activities are regulated by the code of criminal procedure and have full procedural validity.

Is it possible to use a private investigator in a criminal trial?

Absolutely yes. The code of criminal procedure expressly provides that the defense lawyer may engage authorized private investigators to carry out specific investigative activities. Lawyer Marco Bianucci regularly collaborates with industry professionals to locate witnesses, conduct site inspections, and gather documentation useful for the defense.

What is the value of evidence collected by the lawyer compared to that of the prosecution?

Evidence collected through defensive investigations, if acquired in compliance with the formalities required by law, becomes part of the defense lawyer's file and can be presented to the Judge. It has the same dignity and probative relevance as the evidence collected by the Public Prosecutor, contributing to the formation of the judge's free conviction.

What happens if a witness refuses to speak with the defense lawyer?

If a person informed about the facts refuses to make statements to the defense lawyer or their collaborators, the lawyer may request the Public Prosecutor to order the witness's hearing or, alternatively, ask the Judge for Preliminary Investigations to proceed with the precautionary hearing to take testimony in adversarial proceedings between the parties.

Request a Case Evaluation

If you are involved in a criminal proceeding and believe there are elements or witnesses who have not been taken into consideration, it is crucial to act promptly. A passive defense could irreparably compromise your position. Contact Studio Legale Bianucci for a preliminary consultation. Lawyer Marco Bianucci, a criminal defense lawyer in Milan, will carefully evaluate your procedural situation to establish the best investigative and defensive strategy.