Preventive defense investigations are an extraordinary tool provided by law in order to allow the defender to collect evidence in view of a criminal proceeding that is only possible.
Defensive investigations can be carried out, on behalf of the defender, by the substitute, by authorized private investigators and, when specific skills are required, by technical consultants, pursuant to art. 327-bis of the Italian Criminal Code
The art. 391-nonies c.p.p. in fact, it provides that the investigative activity, with the exception of documents that require the authorization or intervention of the judicial authority, can also be carried out by the defender who has received a specific mandate "for the eventuality of a criminal proceeding".
The mandate must be issued with authenticated subscription and must contain the appointment of the defender and an indication of the facts to which it refers.
This rule therefore allows the person who could be subjected to investigations - or who is already such, even in the absence of formal and legitimate communication of the pending proceedings - to promptly prepare their defensive strategy, seeking, identifying and collecting evidence useful for this purpose, without waiting for the notice of conclusion of the preliminary investigations provided for by art. 415-bis of the Italian Criminal Code.
The activity of preventive defensive investigations can be an important resource, for example in cases of an offended person.
The person who was victim of an offense could resort to defensive investigations, in case he wants to collect evidence aimed at promoting, successfully, the establishment of a criminal proceeding.
Dogma S.p.A. has been working for years alongside the most prestigious criminal lawyers for the acquisition of evidence to support defensive investigations.
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