Investigative Secrecy in Criminal Proceedings: Limits and Guarantees

Being involved in criminal proceedings inevitably generates anxiety and uncertainty, feelings often amplified by the immediate impossibility of knowing the details of the accusations and the evidence gathered by investigators. This phase, technically defined as preliminary investigations, is governed by the principle of investigative secrecy. Understanding the dynamics of this institution is fundamental for anyone facing a judicial path. As a criminal lawyer in Milan, Avv. Marco Bianucci assists clients daily who need guidance during this delicate procedural moment, clearly explaining that secrecy is not an insurmountable obstacle, but a temporary phase to protect the genuineness of the evidence.

The Code of Criminal Procedure, in Article 329, establishes that investigative acts carried out by the Public Prosecutor's Office and the Judicial Police are covered by secrecy until the defendant can have knowledge of them and, in any case, no later than the closure of preliminary investigations. The rationale for this rule is twofold: on the one hand, to prevent the dissemination of information from compromising the outcome of investigations, allowing for the contamination of evidence or the flight of suspects; on the other hand, to protect the reputation of the person under investigation, preventing unverified news from becoming public prematurely.

When Access to Defense Documents is Possible

The right to defense, constitutionally guaranteed, does not cease during the secrecy phase, but is exercised in different ways. There are indeed acts that the defense lawyer has the right to attend, such as searches, seizures, or delegated interrogations. For these specific acts, secrecy is lifted at the time they are performed, allowing the lawyer to view them and obtain copies. However, complete access to the Public Prosecutor's Office's file, which contains the entire accusatory evidentiary framework, is generally precluded until the notification of the notice of conclusion of preliminary investigations (ex art. 415-bis c.p.p.).

It is at this crucial moment that the role of an experienced lawyer becomes decisive. With the notification of the notice of conclusion of investigations, investigative secrecy over all performed acts is lifted. From that moment on, the defense has a period (usually twenty days) to access the file, examine every document, listen to wiretaps, and prepare its counter-moves, which may include submitting defense briefs, requesting new investigative acts, or requesting the interrogation of the suspect.

The Approach of Studio Legale Bianucci in Preliminary Investigations

The approach of Avv. Marco Bianucci, an experienced criminal lawyer in Milan, is distinguished by proactivity from the very first stages of the proceeding. Many mistakenly believe that during the period of investigative secrecy, the defense must remain passive, waiting for the Prosecutor's Office's moves. On the contrary, Studio Legale Bianucci adopts a dynamic strategy: even without knowing the specific content of the secret acts, it is possible to initiate independent defense investigations to gather evidence in favor of the client, identify witnesses, and crystallize evidence that could deteriorate over time.

The defense strategy is tailor-made, anticipating possible challenges and preparing the ground for when access to the documents will be complete. Avv. Marco Bianucci accompanies the client at every step, carefully evaluating whether and when it is appropriate to interact with the judicial authority or whether it is preferable to maintain a profile of strategic waiting. The goal is to transform the moment of *discovery* (the uncovering of the prosecution's evidence) not into a surprise, but into the confirmation of already considered working hypotheses, allowing for an immediate and effective defense reaction.

Frequently Asked Questions

Can I see the file as soon as I receive the notice of guarantee?

Not necessarily. The notice of guarantee informs you of the existence of a proceeding against you and the alleged crime, but it does not automatically grant access to all investigative acts, which remain covered by investigative secrecy. However, you will have access to the specific acts that justified the issuance of the notice, such as a search or seizure report.

How long does investigative secrecy last?

Secrecy lasts until the suspect becomes aware of the act or, at the latest, until the closure of preliminary investigations. The duration of investigations varies depending on the seriousness of the crime, but once the notice ex art. 415-bis c.p.p. is served, secrecy is fully lifted, and the defense has full access to the file.

What happens if acts covered by secrecy are published?

The arbitrary publication of acts covered by investigative secrecy constitutes a crime. However, from the defense's perspective, a leak of information is an event that must be managed with extreme caution to limit reputational damage. In such cases, the lawyer intervenes to protect the client's image and ensure that the media trial does not influence the calm ascertainment of procedural truth.

Can my lawyer conduct investigations even if there is secrecy?

Absolutely yes. The law allows the defense lawyer to conduct defense investigations at any stage and level of the proceeding. Avv. Marco Bianucci uses this tool to search for and identify evidence in favor of his client in parallel with the Public Prosecutor's Office's activities, without having to wait for the end of investigative secrecy.

Request a Legal Consultation in Milan

Facing the preliminary investigation phase without expert guidance can irreparably compromise the defense strategy. If you have received a notice of guarantee or fear being under investigation, it is essential to act promptly. Contact Avv. Marco Bianucci for a preliminary assessment of your case. The firm, located at via Alberto da Giussano 26 in Milan, is ready to define the most suitable strategy to protect your rights and your freedom.