In the Italian criminal procedural system the so-called "warranty notice" technically corresponds to the warranty information regulated by the art. 369 c.p.p., an institution that does not have an accusatory function nor does it constitute proof of guilt, but it serves to make the right of defense effective pursuant to articles. 24 e 111 Cost. In the...
The review institute, governed by article. 309 c.p.p., constitutes one of the fulcrums of the system of precautionary guarantees in the Italian criminal trial, as it allows for rapid judicial review, effective and full on ordinances that provide measures restrictive of personal freedom, in implementation of the articles. 13, 24 e...
The investigative activity carried out by the defender has some specific peculiarities that distinguish it from that of the public prosecution: it is purely optional, as opposed to the typical compulsory investigations of the Public Prosecutor; has a unilateral purpose, in the sense that it aims exclusively at the defense of the client, where the Public Prosecutor, ex...
The request for storage represents the alternative to the exercise of the criminal action (v. Part VIII, Chapter 1). Similarly to the provisions for the second, It is subjected to the control of the judge for preliminary investigations; Jurisdictional scrutiny - it has been anticipated - is intended to guarantee ...
The guarantee information is the act with which the public prosecutor, or the owner of the criminal action, informs the suspect and the offended person, of the fulfillment of an act of investigation that implies the technical defense (Guaranteed C.D act, cfr. infra), in relation to which the invitation to ...
The guarantee information (commonly known with the athecs expression "guarantee notice") It is the act with which the public prosecutor, or the owner of the criminal action, informs the suspect and the offended person, of the fulfillment of an act of investigation that implies the technical defense, in relation to which ...
The case of the correo call, or call in the field, whatever you want to call it, refers to the hypothesis in which, the accusatory system is based, also, on the declarations made by a defendant against other co -defendants or by defendants for crimes connected or connected to the one for which ...
The investigative activity carried out by the defender has some specific peculiarities that distinguish it from that of the public prosecution: it is purely optional, as opposed to the typical compulsory investigations of the Public Prosecutor; has a unilateral purpose, in the sense that it aims exclusively at the defense of the client, where the Public...
The three forms of seizure provided for in the Criminal Procedure Code are evidentiary, conservative and budget. The seizure of evidence is a means of testing research; the remaining two belong to the genus of the precautionary measures. A common feature of the three types of sequestration is the affixing of a ...
According to what is established by the combined provisions of the new articles. 268 comma 4, 269 C.p.p. and 89-bis provisions. to. C.p.p., reports and wiretaps, together with the decrees they have issued, authorized, validated or extended the same, are stored in the recently introduced digital archive held...