The criminal lawyer plays a crucial role in the criminal process, especially when it comes to precautionary measures. These measures, which may include pre-trial detention, house arrest, and other restrictions, are legal tools used to ensure the proper conduct of the trial and protect the community.
Precautionary measures are mainly divided into three categories: coercive, prohibitive, and real measures. Coercive measures, such as pre-trial detention, limit the personal freedom of the accused. Prohibitive measures, on the other hand, prevent the accused from exercising certain activities or functions, while real measures affect the assets of the accused, such as preventive seizure.
The criminal lawyer is essential in defending the rights of the accused during the phases of the criminal process. He evaluates the legitimacy of the precautionary measures, filing appeals or requests for revocation in cases of abuse or excess. The lawyer carefully analyzes the evidence and the reasons behind the application of such measures, seeking to obtain their modification or revocation.
Precautionary measures are governed by the Italian Code of Criminal Procedure, which provides specific application requirements, such as the existence of serious indications of guilt and the need to prevent the repetition of the crime, the tampering of evidence, or the flight of the accused. The criminal lawyer ensures that these conditions are met, guaranteeing the fairness and legitimacy of the process.
Facing a criminal trial and any precautionary measures requires expert and dedicated legal assistance. If you need advice regarding precautionary measures or other criminal matters, we invite you to contact the Bianucci Law Firm for personalized consultation and to receive the necessary legal support.