Defensive Investigations: Tools for an Effective Defense
Defensive investigations are a fundamental tool for the defense lawyer, who can gather useful evidence to support their client's position in a criminal trial. At the Bianucci Law Firm in Milan, we offer targeted consulting 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 the lawyer to conduct independent investigations to balance the prosecutorial investigation. This tool is essential to guarantee the principle of adversarial proceedings and equality between the parties in the trial.
Defensive investigations provide the defense with the opportunity to collect crucial 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 phases, including:
- Before the opening of the proceedings: In the presence of elements suggesting a criminal case against the client;
- During the trial: To gather evidentiary elements to support the defense;
- During the execution of the sentence: To support any requests for revision of the trial.
Activities allowed in defensive investigations
The defense lawyer, with the support of authorized collaborators, can carry out various investigative activities, including:
- Interviews with informed persons: Collect useful statements for the case;
- Acquisition of documents: Obtain acts and materials useful as documentary evidence;
- Technical expertise: Arrange technical or scientific assessments on facts relevant to the trial;
- Site visits: Conduct checks at the scenes of the events to gather useful elements 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 accusatory framework;
- Equality between the parties: Ensures the defense has the same investigative tools available to the prosecutor;
- Improvement of the defense strategy: Allows for better preparation of the trial with greater awareness and solidity.
Our legal support
The Bianucci Law Firm offers comprehensive 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 defensive 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.
Investigations can be carried out by the defense lawyer or their authorized collaborators, such as private investigators and technical experts.
Yes, the elements collected during defensive investigations can be presented in court as evidence in support of the defense.
It is advisable to start them as soon as possible, to gather useful elements already during the preliminary investigations, thereby improving the defensive prospects.