Preliminary Investigation In Italy: Phases, Timing And The Suspect's Rights

What is the purpose of preliminary investigation in Italy?

In Italian criminal proceedings, preliminary investigations have the purpose of collecting evidence in relation to a crime committed, to identify the actual perpetrators (art. 326 c.p.p.).

Public prosecutor and judicial police, in the context of their respective duties, carry out the investigations deemed necessary for the determinations inherent in the exercise of the criminal action.

Pursuant to the provisions of art. 329 c.p.p., preliminary investigation documentations are kept under secrecy, until the suspect can become aware of it and, in any case, no later than the closure of the preliminary investigations.

If the obligation of secrecy fails, the public prosecutor, for the continuation of the investigations, can:

- order, with a motivated decree, the obligation of secrecy for individual acts, when the accused allows it or when knowledge of the act can hinder investigations concerning other people;

- assign the prohibition to publish individual acts or specific news related to certain operations.

Furthermore, when necessary for the continuation of the investigations, the Public Prosecutor can, with a motivated decree, allow the publication of individual acts or part of them.

The publication of the content of preliminary investigative documents no longer kept under secrecy is always permitted, while full publication is prohibited until the conclusion of the preliminary investigations or until the conclusion of the preliminary hearing.

What are the phases involved in preliminary investigation in Italy?

Preliminary investigations in Italy represent the first phase of the criminal proceedings.

Everything begins with the acquisition of a crime report and continues with the search and acquisition of evidence sources by the Public Prosecutor, assisted by the Judicial Police.

At the end of the preliminary investigations, if the Public Prosecutor believes that it has not acquired sufficient elements to support the accusation in court, it then proposes to the court to close the proceedings for the preliminary investigations.

Otherwise, it formulates the imputation and exercises the criminal action against the suspect through the request for indictment which must be preceded by the notice of conclusion of the investigations. Within 20 days of receiving the notice of conclusion, the suspect can view the investigation file and also ask to be heard by the Public Prosecutor.

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