Defensive Investigations: Tools for Effective Defense

Defensive investigations are a fundamental tool for the defense lawyer, who can gather useful evidence to support the position of their client in a criminal trial. At the Bianucci Law Firm in Milan, we offer targeted advice and use defensive investigations to ensure a complete and effective defense.

Introduced by Law no. 397/2000, defensive investigations have transformed the role of criminal defense, allowing lawyers to conduct independent investigations to balance the investigative activities of the public prosecutor. This tool is essential to guarantee the principle of the adversarial process and the equality of the parties in the trial.

Defensive investigations offer the defense the opportunity to gather decisive evidence to protect the rights of the accused.

When can defensive investigations be conducted?

Defensive investigations can be initiated at any stage of the criminal proceedings, both during preliminary investigations and in subsequent stages, including:

• Before the opening of proceedings: In the presence of elements that suggest criminal proceedings against the client;
• During the trial: To gather evidence to support the defense;
• During the execution of the sentence: To support any requests for revision of the trial.

Activities permitted in defensive investigations

The defense lawyer, with the support of authorized collaborators, can carry out various investigative activities, including:

• Interviews with witnesses: Gather useful statements for the case;
• Acquisition of documents: Obtain useful documents and materials as documentary evidence;
• Technical expert reports: Commission technical or scientific assessments on facts relevant to the trial;
• Site inspections: Conduct checks at the scene of the events to gather useful information for the defense.

Advantages of defensive investigations

The use of defensive investigations offers numerous benefits for the accused:

• Collection of exculpatory evidence: Useful elements to counter the prosecution's case;
• Equality of the parties: Guarantees the defense the same investigative tools available to the public prosecutor;
• Improvement of the defense strategy: Allows for greater awareness and solidity in preparing the trial.

Our legal support

The Bianucci Law Firm offers complete assistance for conducting defensive investigations, ensuring:

• Preliminary assessment of the investigative needs of the specific case;
• Organization of investigative activities with the support of qualified professionals;
• Drafting of defense briefs based on the results of the investigations;
• Presentation of the collected elements as evidence in the criminal trial.

Thanks to our experience, we support clients in building a solid defense, using every available tool to protect their rights.