The Crucial Importance of the First Contact with the Judicial Authority

Receiving a summons to appear for questioning or to provide information can generate a strong state of anxiety and concern. This is an extremely delicate moment within criminal proceedings, where every word spoken can have significant repercussions on the suspect's procedural future. Fully understanding the dynamics of this step is fundamental to avoid compromising one's position. As a criminal lawyer practicing in Milan, Avv. Marco Bianucci often emphasizes how managing the initial stages of an investigation is decisive for the final outcome of the trial. It is not simply a matter of recounting one's version of events, but of evaluating if, how, and when it is appropriate to do so, always in compliance with the guarantees provided by the code of criminal procedure.

The Regulatory Framework: Rights, Warnings, and the Right to Remain Silent

The Italian code of criminal procedure provides a series of non-derogable guarantees to protect the person under investigation. Before initiating any interrogation, the prosecuting authority is obliged to provide specific warnings, the omission of which can lead to the inadmissibility of the statements made. In particular, the suspect must be informed that their statements may be used against them, that they have the right to remain silent on any question, but that the proceedings will continue regardless, and that if they make statements about facts concerning the responsibility of others, they will assume the office of witness in relation to those facts. The choice to exercise the right to remain silent should not be interpreted as an admission of guilt, but rather as the exercise of a constitutionally guaranteed right that allows one to await full knowledge of the investigative documents before presenting one's defense. There is also a substantial difference between a formal interrogation, which requires the necessary presence of a lawyer, and spontaneous declarations, which the suspect can make on their own initiative but which require great caution to avoid unintentional self-incrimination.

The Bianucci Law Firm's Approach to Criminal Defense

Avv. Marco Bianucci, an experienced criminal lawyer in Milan, approaches the interrogation phase with an analytical and cautious method. The firm's strategy is never based on improvisation. Before accompanying a client before the Public Prosecutor or Judicial Police, a thorough examination of the known elements and a simulation of the interview are carried out, where possible. The goal is to prepare the client not to recite a part, but to understand the implications of their answers. Often, the best strategy agreed upon by Avv. Marco Bianucci consists of initially exercising the right to remain silent, reserving the right to make statements or file defense briefs only after having had full access to the Public Prosecutor's file and having studied all the charges. This rights-based approach aims to protect the client from emotional or imprecise statements that could subsequently be contested or misinterpreted by investigators.

Frequently Asked Questions

Is it always advisable to respond to questioning to clarify one's position?

There is no one-size-fits-all answer, as each procedural situation is unique. Often, the immediate impulse to clarify can be counterproductive if one does not know exactly what evidence the prosecution has. In many cases, the strategy suggested by an experienced criminal lawyer is to exercise the right to remain silent while awaiting knowledge of the investigative documents, and then provide a precise and documented version of events at a later stage.

What happens if I decide to lie during questioning?

The defendant or suspect, unlike a witness, is not obliged to tell the truth and does not take an oath, therefore they do not commit the crime of perjury if they lie to defend themselves. However, lying carries risks: if the lies are disproven by the evidence collected, the person's overall credibility is severely damaged in the eyes of the judge. Furthermore, if they falsely accuse another person, knowing them to be innocent, they commit the crime of slander, which is severely punished by law.

Is the presence of a lawyer mandatory during questioning?

Yes, if it is a formal interrogation delegated by the Public Prosecutor or conducted by the Judicial Police against a person under investigation, the presence of a lawyer is mandatory to ensure the regularity of the act and the protection of the person's rights. If the suspect has not appointed a lawyer of their choice, one will be assigned ex officio, whose presence is nonetheless necessary to proceed.

Can I make spontaneous declarations without being asked questions?

Yes, the suspect has the right to make spontaneous declarations at any time during the proceedings. These declarations are recorded and included in the file. However, it is essential to consult with one's lawyer beforehand before taking this initiative, as anything declared spontaneously becomes part of the usable evidence and cannot be easily retracted later.

Request a Consultation for Your Criminal Defense

Facing criminal proceedings requires technical expertise and strategic clarity. If you have received a notice of investigation or a summons for questioning, leave nothing to chance. Contact the Bianucci Law Firm for a preliminary assessment of your position. Avv. Marco Bianucci, with his experience as a criminal lawyer in Milan, will be able to indicate the most appropriate defense strategy to protect your rights and your freedom.