The undocumented or informal interview, defined by art. 391-bis of the Italian Criminal Code, can be carried out either by the defender or by his auxiliaries, such as authorised private investigators or technical consultants.
The informal interview, defined by art. 391-bis of the Italian Criminal Code, can be carried out either by the defender or by his auxiliaries (deputy, authorised private investigators or technical consultants).
This is an act aimed at finding "circumstances useful for investigative purposes". In particular, this interview allows to test the degree of knowledge of the facts of the person questioned and the usefulness of the information in his possession.
On the basis of this verification, it is possible to obtain evidence in favour of the person assisted by the defender, who can formalise the content of the declarations made by verbalising them or by requesting a written declaration.
The interview, also called "exploratory", is therefore instrumental with respect to any acquisition of information or the request for a written declaration.
The fact that the interview is not documented constitutes a guarantee for the defender and, consequently, for the client. In fact, if the lawyer believes that the decisions are not useful for the position of his client, he is not obliged to produce the report during the procedure.
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