Access to places in defensive investigations
In defensive investigations, access to places is governed by articles 391-sexies and 391-septies. and it can be documented by the defender or his auxiliaries, authorized private investigators or technical consultants.
In defensive investigations, the access to places is defined by articles 391-sexies and 391-septies of the Italian criminal code (c.p.p.). This is a documented technical activity that, in the judgment, allows to promptly deny any implausible statements made by unreliable texts.
The first of these rules establishes that when accessing places it is possible to "view the places and things" existing there to "proceed with their description or to perform technical, graphical, planimetric, photographic or audiovisual surveys".
The access to places can be documented by the defender or his assistants (the deputy, authorised private investigators or technical consultants) by drafting a report in which are reported: the date and place of access, the general information of all the attendees, the status of places and things, an indication of any findings made and the signing of the people attending.
While the hypotheses referred to in art. 391-sexies c.p.p. concern inspections for which “no permit or authorisation is required, article 391-septies c.p.p. regulates access to private or non-public places. In the latter case, the consent of those who have the availability of the aforementioned places is required to proceed in the defensive investigations.
In the absence of such consent, access, upon request by the defender, must be authorised by the judge with a motivated decree. The decree must indicate the concrete methods of access, with particular reference to the relative time limits.
Furthermore, access to “dwelling places and their appurtenances” is not allowed, this in order to guarantee the protection of confidentiality.
Finally, it should be noted that access to private or non-public places cannot be carried out in the context of preventive defensive investigations, if the consent of those who have availability is lacking, since, pursuant to art. 391-nonies, "it is forbidden to perform acts that require the prior authorization of the judicial authority".
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