Searching for and gathering elements useful to the defence strategy
Defence investigations allow the defence lawyer to search for and identify evidence in the client’s favour from the moment the professional appointment is granted. They are not an ancillary activity, but an essential tool for verifying the factual reconstruction, obtaining documents, interviewing persons able to provide relevant information and building a defence based on concrete elements.
Article 327-bis of the Italian Code of Criminal Procedure recognises the defence lawyer’s power to carry out investigations in order to search for and identify evidence in the client’s favour, including through substitutes, licensed private investigators and technical experts. Defence investigations may be carried out at any stage and instance of the proceedings, during the enforcement phase and also on a preventive basis, where a specific mandate has been granted.
Avv. Vecce assists clients in planning defence investigation activities, collecting and organising documents, interviewing persons able to provide relevant information, assessing technical expert input and building a defence framework consistent with the procedural stage and the client’s objectives.
Activities covered
Why it matters
Verifying the prosecution’s reconstruction
Defence activity makes it possible to check facts, dates, places, documents and statements.
Supporting submissions and requests
The elements gathered may support applications, defence submissions, evidentiary requests or communications with the judicial authority.
Identifying favourable elements
The defence may search for corroborating material, witnesses, documents and data useful to the client’s position.
Preparing procedural choices
An informed strategy requires knowledge not only of the prosecution file, but also of the favourable elements available to the defence.
FAQ
What are defence investigations?
They are activities carried out by the defence lawyer to search for and identify evidence in the client’s favour. Article 327-bis of the Italian Code of Criminal Procedure expressly recognises this power from the moment the professional appointment is granted.
Can defence investigations be carried out before trial?
Yes. They may be carried out at any stage and instance of the proceedings. In addition, Article 391-novies of the Italian Code of Criminal Procedure also allows preventive investigation activities, on the basis of a specific mandate, in the event that criminal proceedings may be initiated.
Can the defence lawyer interview persons informed of the facts?
Yes. Article 391-bis of the Italian Code of Criminal Procedure governs interviews, the receipt of statements and the gathering of information by the defence lawyer, subject to the incompatibilities and safeguards provided by law.
Are defence investigations useful only for the suspect?
No. They may also be useful for the injured party, the civil claimant, the civilly liable party or other procedural parties assisted by a defence lawyer, depending on their position and the interests to be protected.
Can private investigators or technical experts be used?
Yes. Article 327-bis of the Italian Code of Criminal Procedure provides that the defence lawyer may rely on substitutes, licensed private investigators and technical experts where the activity requires specific expertise.
Do the elements gathered by the defence automatically enter the proceedings?
No. The elements gathered must be assessed in light of the procedural stage, the form of the act, the defence strategy and the rules on admissibility and use. Not everything collected is automatically filed or used.
When is it advisable to start defence investigations?
They should be considered as soon as facts with potential criminal relevance emerge or when the professional appointment is granted. Acting too late may make it more difficult to locate documents, identify persons able to provide relevant information or accurately reconstruct dates, events and circumstances.
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