“The statements assumed by the defender of the investigated in the field of the activity of defensive investigation have the same abstract evidential value of the declaration acquired by the Public Prosecutor, except the evaluation of reliability intrinsic of the deponents” (Supreme Court, Criminal Sections II., 22 of November 2007 n. 43349).
The general principle of the stage of the evaluation of the proof is the one of the free conviction of the judge, not in the sense that the judge could arbitrarily decide which one is the reconstruction of the event that he considers more suited regarding the development of the preliminary investigation, but rather in the sense that he – in full compliance with the limit of the obligation of the motivation (art. 192 Code of Criminal Proceeding) – is free to determinate the credibility of the sources and the reliability of the portrayals that these sources have brought to the trial in accordance with the rules that have been established by the Code of Criminal Proceeding and without the presence of legal proof.
During the hearing stage the statements of a witness are potentially suitable to compromise the defensive structure and so the outcome of the entire lawsuit.
The Department of Criminal Defensive Investigations of P & P INVESTIGAZIONI S.r.l., through a focused activity of research, has the aim to delineate the witness, highlighting all the elements that could persuade the judge towards an estimate of not reliability of the source.