The Importance of Defensive Strategy in Interrogation

Facing criminal proceedings is one of the most delicate and stressful moments in a person's life, particularly when called to account for one's actions before the judicial authority. Obtaining information from the accused, or more technically, interrogation, is not a mere bureaucratic formality but a crucial investigative act that can determine the outcome of the entire trial. As an expert criminal defense lawyer in Milan, Avv. Marco Bianucci deeply understands the weight of this situation and the importance of leaving nothing to chance. Understanding one's rights, the guarantees provided by the code of criminal procedure, and the consequences of each statement is the fundamental first step in building a solid and effective defense.

The Regulatory Framework: Guarantees and Rights of the Suspect

The Italian legal system, through the Code of Criminal Procedure, provides a series of non-derogable guarantees to protect the person under investigation or accused. Article 64 of the c.p.p. establishes the general rules for interrogation, requiring that, before it begins, the suspect be given specific warnings. Firstly, they must be informed that their statements may be used against them; secondly, they must be advised of the right to remain silent to any question, even though the proceedings against them will continue; finally, they must know that if they make statements about facts concerning the responsibility of others, they will assume the role of a witness for those facts. It is essential to understand that exercising the right to silence is not an admission of guilt but a legitimate procedural strategy guaranteed by the Constitution and international conventions. In addition to formal interrogation, the suspect also has the option to make spontaneous declarations, an act that differs from interrogation as it is not prompted by questions from the prosecuting authority but arises from the free initiative of the investigated person.

The Approach of Studio Legale Bianucci to Criminal Defense

The approach of Avv. Marco Bianucci, an expert criminal defense lawyer in Milan, is based on a meticulous and preventive analysis of each individual case. There is no standard strategy: the decision whether to answer the Public Prosecutor's questions, to exercise the right to remain silent, or to submit written defense briefs depends entirely on the specifics of the case file and the state of the evidence gathered by the prosecution. At Studio Legale Bianucci, located at via Alberto da Giussano 26, each client is thoroughly prepared before any confrontation with the judicial authority. The goal is to transform the interrogation from a potential trap into an active defense tool. Avv. Marco Bianucci assesses whether the client's statements can immediately clarify their position and exonerate them, or if it is preferable to wait until there is complete knowledge of the investigation documents. The presence of a competent defense lawyer during interrogation guarantees compliance with procedural rules and protects against any undue pressure or inaccurate recording.

Frequently Asked Questions

Can I refuse to answer questions during interrogation?

Absolutely yes. Italian law guarantees the suspect the right to remain silent. This right is a cornerstone of criminal defense, and its exercise cannot be interpreted as an admission of guilt. However, it is crucial to consult with an expert criminal defense lawyer to assess whether silence is the best strategy in the specific case or if it is more advantageous to provide one's version of events.

What happens if I decide to lie during interrogation?

The accused, unlike a witness, does not have a legal obligation to tell the truth and does not commit the crime of perjury if they lie to defend themselves, provided they do not falsely accuse other persons of a crime (defamation) or commit aiding and abetting. However, lying can be counterproductive if subsequent investigations contradict the version provided, undermining the overall credibility of the defense. The best strategy should be carefully agreed upon with one's lawyer.

Is the presence of a lawyer mandatory during interrogation?

The presence of a defense lawyer is mandatory during interrogations delegated to the Judicial Police or conducted by the Public Prosecutor. The notice of guarantee serves precisely to inform the suspect of the performance of a guaranteed act for which they have the right to legal assistance. Appearing without a chosen or court-appointed lawyer is not permitted by law for these specific acts, to protect the procedural guarantees of the suspect.

What is the difference between interrogation and spontaneous declarations?

Interrogation is an act in which the judicial authority or judicial police ask specific questions to the suspect, who can choose whether or not to answer. Spontaneous declarations, on the other hand, are statements that the suspect freely decides to make on their own initiative, without being prompted by questions, to clarify their position or provide elements for their defense. Both acts are included in the case file and can be used for the purpose of the decision.

Request a Legal Consultation in Milan

If you have received a notice of guarantee or have been summoned for an interrogation, do not face this delicate phase alone. Timely and strategic defense can make a difference in the outcome of the proceedings. Contact Avv. Marco Bianucci for an in-depth assessment of your legal position. Studio Legale Bianucci awaits you in Milan to define the most suitable defense strategy to protect your rights and your freedom.