DEFENSIVE INVESTIGATIONS

The choice of the adversarial system, made of Italian law, has resulted in significant consequences to the research power of the sources of evidence. And well it is known that the court has no power to go looking for evidence in that system; This rests solely to the parties. The purpose of the defensive investigations is described in Article 327-bis of the Code of Criminal Procedure

The defender may conduct investigations to seek and identify the evidence in favor of his client making use of authorized private investigators.

Especially private investigator so it atypical investigation (surveillance, information acquisition, recording conversations in public places, informal conversations by telephone, etc …) acting in surprise and with great freedom of forms. It may be forced to “disguise” in order to seek and identify sources of evidence otherwise unavailable; You can use what is called “the good deception” and that it is legitimate to the extent that it does not pay attention to others’ freedom. The concrete requirements may justify much more clear rules of behavior of those who are tax lawyer.

Based on experience, and through continuous training in defensive investigations, our team is able to provide a valuable contribution as regards the identification of evidence that may be useful in court.