The
recent law 7th. December 2000 nr.397, introducing the VI title bis of the 5th.
book of the new Code of Criminal Procedure, has definitely granted the defence
the power to investigate during a trial, in the make-up of a substantial and
progressive equalization procedure between the accused and the defence.
That’s why a “STATUTORY” committee
of defence has been appointed to enable the attorney to operate from the very
beginning in any legal case (and within certain limits, also in precautionary
measures) so to find favourable evidence for the interested parties.
This new disciplinary law grants the
investigator to a higher level, by openly recognising the new laws, and his own
role in the difensive investigation ( 391 bis c.p.p. ).
It has been established that, the
attorney can delegate an authorised private investigator to investigate,
likewise the legislator has elevated the latter to a rank of responsability as
an indispensable aid to the former in the fundamental and delicate activity of
defending by proving evidence, to be able to support the attorney and his client
in the research of favourable evidence, the private investigator must be
authorised and qualified with a personal license released by the Police
Department and also by the competent district authority.
The attorney than, can delegate the
private investigator in gathering indispensable oral information, or written
evidence to be able to refer usefuls occasions who can be of help in the
investigation.
Likewise, this assignment will call for
the research of witnesses, evidence of documentation, and any other useful
element for the defence investigations (for example inspections) observing all
the by-laws of the Code of Criminal Procedure, and the law on privacy nr.
196/2003.
All information gathered observing the
law, have the same value as those gathered by the prosecution and will be filed
as preliminary evidence kept at the court and the attorney can present directly
all evidence of the investigation to the judge in charge of the case.
The new laws place on the private
investigator to establish a new relationship with the attorney, who is however
fully responsable for any evidence of the defence.
Therefore, the new laws increase the
investigator’s range of responsability by giving him a new and professional
and ethical image.
For information to contact: info@agenziainvestigativapratese.it