The procedural Italian system ratifies the “right to the proof”: the parts have the right to research the proofs on which you should base your own requests. Such activity makes dutiful the acknowledgment of the defensive investigation, in order to permit the defence attorney of the private parts to research the sources, to acquire the elements of proofs and to present them to the judge, according to the principle of equality between the public prosecutor and the defence (art. 111 of the Constitution).
The defender, since the moment of the professional assignment, resulting from a written act, has the authority to carry out investigations in order to research and identify elements of proofs in favour of the own client, availing for this aim of private investigators authorized (art. 327-bis Code of Criminal Proceedings), through contacts (meetings, acceptance of declarations and taking of information) with “person able to report circumstances useful for the purposes of the investigative activity” (art. 391 – bis Code of Criminal Proceedings) or other investigative powers (art. 391 – quarter and followings of the Code of Criminal Proceedings): request and copy of documents to the public administration, access to places, technical and not repeatable inspections, participation to acts of the Public Prosecutor.
We point out that “the elements of proof collected by the defender according to the article 391 bis of the Code of Criminal Proceedings are comparable, as to usability and evidential force, to the one collected by the Public Prosecutor and, therefore, the judge to who these elements of proof have been directly presented, according to the article 391 – octies can not limit to acquire them, but he has to evaluate them together with all the results of the lawsuit, explaining, where he believes to disregard them, the related reasons with adequate apparatus argumentative” (Court of Cassation, Section II, 9 April 2002 n. 13552).
The Department of Criminal Defensive Investigations of P & P INVESTIGAZIONI S.r.l., exclusively by the defender, entrusts to its more competent investigators the management of such investigations that could not only exculpate the customer, but even direct the investigators (during the preliminary surveys) and the judge (during the hearing stage) towards other persons such as culpable of the crime.