Arrest in flagrante delicto constitutes one of the most important institutions in the preliminary investigation phase, as it allows the judicial police, under the conditions established by law, to immediately deprive a person of personal liberty in connection with the commission of a criminal act, prima...
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 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 structure of the Vassalli Code gives the parties powerful levers in the fertile terrain of the government of oral criminal evidence (c.d. parts process), of which the so-called. cross examination which in the sector of declarative proof represents the Novum organum (orality, Like this, assume...
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...
The probative is a procedural institution that allows the anticipation of the phase of the test formation in the course of the preliminary investigations or in the preliminary hearing. It finds its ratio in the need to ensure those sources of evidence that for certain reasons, strictly defined by Article. 392 c.p.p.,...
The public prosecutor being the person in charge of the investigations, if you need to carry out checks that require specific skills, he is allowed to make use of technical consultants who can provide specialist contributions in order to contribute to the investigative activity. During the preliminary investigations, the public prosecutor may need to carry out acts that….