The Meaning of the Extension of Preliminary Investigations
Receiving a notification of the extension of preliminary investigations can generate deep concern and uncertainty about one's future. Understanding the meaning of this act and your rights is the first fundamental step in facing the situation. In this delicate phase, the support of a qualified professional is essential. Lawyer Marco Bianucci, as a criminal lawyer in Milan, assists defendants to ensure that all defense guarantees are respected from the very first stages of the proceedings.
In the Italian criminal justice system, preliminary investigations have a duration established by law, at the end of which the Public Prosecutor must decide whether to request dismissal or the initiation of criminal proceedings. However, if the complexity of the case requires it, the investigating authority can request an extension of this term from the Judge for Preliminary Investigations (GIP). The notification of this request has a dual function: on the one hand, it informs the suspect of the existence of criminal proceedings against them; on the other hand, it activates the right to actively intervene.
Article 406 of the Code of Criminal Procedure provides that the person under investigation has the right to submit briefs or to oppose the extension of the investigations. This tool allows for challenging the premises of the Public Prosecutor's request, highlighting, for example, the absence of real investigative needs or the exceeding of the maximum time limits allowed by current legislation.
The Bianucci Law Firm's Approach in the Investigative Phase
Facing a criminal investigation requires clarity of mind and a deep understanding of procedural dynamics. The approach of lawyer Marco Bianucci, an expert criminal lawyer in Milan, is based on a meticulous and timely analysis of the available documents. Each case is studied in detail to assess the validity of the extension request and the strategic opportunity to file a formal opposition.
The Bianucci Law Firm does not adopt predefined solutions but builds a tailored defense strategy for the specific needs of the client. This means rigorously verifying compliance with legal deadlines, analyzing the reasons provided by the Public Prosecutor, and deciding, in full transparency with the client, whether to file defense briefs or request a hearing in chambers to discuss the opposition before the GIP. The primary objective is always the protection of the defendant's rights and the prevention of unjustified delays in proceedings that could prejudice their position.
Frequently Asked Questions
How much time do I have to oppose the request for an extension of investigations?
From the date the request for extension is notified, the suspect has five days to submit defense briefs to the Judge for Preliminary Investigations. Given the brevity of this deadline, it is crucial to contact a lawyer promptly to analyze the documentation and draft an effective opposition.
What happens if I decide not to file an opposition?
If no brief or opposition is filed within the prescribed deadlines, the Judge for Preliminary Investigations will decide on the Public Prosecutor's request based solely on the documents provided by the latter. In most cases, in the absence of objections, the GIP tends to grant the requested extension, thus prolonging the investigative phase.
Can preliminary investigations be extended indefinitely?
Absolutely not. The Code of Criminal Procedure establishes inviolable maximum limits for the duration of preliminary investigations, which vary depending on the seriousness of the alleged crime. Generally, the maximum term cannot exceed eighteen months, extendable to two years only for crimes of particular public concern or investigations of extreme complexity. Careful criminal defense constantly monitors compliance with these deadlines.
Protect Your Rights From the Very First Stages of the Proceedings
Receiving a notice of extension of investigations is a critical moment that requires thoughtful and timely defensive choices. Do not let procedural timelines pass without having evaluated every option available to protect your position and your future.
The costs of criminal proceedings depend on numerous factors specific to each individual case, such as the complexity of the investigations and the procedural choices to be made. During the first consultation, lawyer Marco Bianucci will analyze the situation with the utmost confidentiality and provide a clear and transparent overview of the expected financial commitment. Contact the Bianucci Law Firm in Milan to schedule a consultation and define the most appropriate defense strategy for your situation.