Defence assistance in the initial stage of criminal proceedings. Criminal defence begins before trial.
Preliminary investigations are a decisive stage of criminal proceedings.
This is the phase in which the Public Prosecutor and the Judicial Police gather the elements needed to decide whether to bring charges, request dismissal or proceed towards trial. Article 326 of the Italian Code of Criminal Procedure identifies this function precisely: carrying out the investigations necessary for the decisions concerning the exercise of criminal prosecution.
At this stage, defence action must be timely. Receiving a formal notice of investigation, a summons for questioning, a search or seizure order, or the notice of conclusion of preliminary investigations requires an immediate technical assessment of the documents, procedural deadlines and possible defence initiatives.
The Firm assists suspects, injured parties, professionals, directors and companies during the preliminary stage, with specific attention to defence strategy, procedural safeguards, review of the case file and preparation of the next procedural steps.
Activities covered
Why it matters
Acting immediately
The first decisions may affect the development of the entire proceedings.
Avoiding early mistakes
Rushed statements, poorly prepared documents or uncoordinated initiatives may weaken the defence position.
Understanding the documents
Each notice must be assessed technically: content, deadlines, risks and available defence options.
Preparing the strategy
The preliminary stage makes it possible to assess dismissal, defence submissions, requests to the Public Prosecutor and possible procedural developments.
FAQ
What are preliminary investigations?
They are the stage in which the Public Prosecutor and the Judicial Police gather the elements needed to decide whether to bring charges or request dismissal. Article 326 of the Italian Code of Criminal Procedure links investigations precisely to the decisions concerning the exercise of criminal prosecution.
Does receiving a formal notice of investigation mean being guilty?
No. A formal notice of investigation is not a conviction and does not mean that the trial has already begun. It is a procedural safeguard issued when an act is to be carried out and the defence lawyer has the right to attend.
What should be done after a search or seizure?
The order, the record of the operation, the items or documents seized and the reasons for the measure must be reviewed immediately. Depending on the case, it may be possible to request return of the seized items, challenge the measure or take other defence steps before the competent authority.
Is it advisable to be questioned during the investigation?
It depends on the documents available, the content of the allegation and the defence strategy. Questioning may be useful in some cases, but it must be carefully prepared and should never take place without a prior review of the case file.
What is the notice of conclusion of preliminary investigations?
It is the act by which the Public Prosecutor informs the suspect that the investigations have been concluded. After service of the notice, the defence may review the case file and take defence initiatives before the Public Prosecutor makes the next procedural decision.
Can trial be avoided already during the investigation stage?
Yes, in some cases. A timely defence strategy may aim at dismissal, narrowing the scope of the allegation or choosing alternative procedural options. The concrete possibility depends on the case file and the nature of the accusation.
Can the injured party be assisted during the investigations?
Yes. The injured party may have an interest in filing submissions, producing documents, requesting investigative activities and monitoring the development of the proceedings, within the powers recognised by the Code of Criminal Procedure.
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