Financial Crime World

ITALY: CHECK FRAUD INVESTIGATION PROCEDURES UNVEILED

Overview of Preliminary Investigations in Italy

In Italy, the preliminary investigation is the initial phase of criminal proceedings aimed at collecting evidence related to a crime and identifying the actual perpetrators.

Purpose of Preliminary Investigations

According to Article 326 of the Italian Criminal Procedure Code (CPC), the purpose of preliminary investigations is to gather evidence and identify those responsible for a crime. Public prosecutors and judicial police carry out these investigations, which are necessary for determining the criminal action.

Investigation Documentation

The investigation documentation is kept secret until the suspect becomes aware of it or at least until the closure of the preliminary investigations. If secrecy fails, the public prosecutor can order individual acts to be kept confidential when:

  • The accused agrees
  • Knowledge of the act could hinder investigations involving other individuals

Additionally, the Public Prosecutor can assign a prohibition on publishing specific news related to certain operations and allow publication of individual acts or parts of them when necessary for the continuation of investigations.

Content of Preliminary Investigative Documents

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

Phases of Preliminary Investigations

Preliminary investigations in Italy are divided into several phases:

  1. Acquisition of a Crime Report: The investigation begins with the acquisition of a crime report.
  2. Search and Collection of Evidence Sources: The Public Prosecutor, assisted by the Judicial Police, searches for and collects evidence sources.

Conclusion of Preliminary Investigations

At the end of the preliminary investigations, if the Public Prosecutor believes that sufficient elements have not been acquired to support an accusation in court:

  • It proposes to close the proceedings for preliminary investigations.
  • Otherwise, it formulates the imputation and exercises the criminal action against the suspect through a request for indictment.

Duration of Preliminary Investigations

The duration of preliminary investigations cannot exceed 18 months, unless they concern more serious crimes, such as:

  • Murder
  • Robbery
  • Terrorism (in which case they can last up to two years)

Suspect’s Rights During Preliminary Investigations

During preliminary investigations, the suspect has several rights, including:

  • Right to be Informed: The right to be informed of the existence of a criminal proceeding against them.
  • Right to Request Notification: The right to request notification if an act is carried out against them.
  • Right to Remain Silent: The right not to answer questions.
  • Right to Be Heard: The right to make spontaneous statements or be interrogated with the assistance of their defender.

The Public Prosecutor must provide a triple warning before interrogation:

  1. That statements made can always be used against them.
  2. They have the right not to answer any questions, but the procedure will still continue.
  3. If they make statements about facts concerning others’ responsibility, they become witnesses with an obligation to tell the truth.

Investigative Power of Defenders

Italian law also grants investigative power to defenders during preliminary investigations. They may:

  • Use authorized private investigators and technical consultants
  • Take written statements from potential witnesses or individuals aware of useful facts for defense
  • Request hearings when witnesses refuse to answer questions

Arnone & Sicomo Law Firm: Expert Criminal Defense Solicitors in Italy

The Arnone & Sicomo Law Firm is a team of criminal defense solicitors in Italy with significant expertise in all crimes covered by the Italian criminal code. They can assist those involved in a criminal case accused of committing a crime as well as those who have fallen victim to a crime seeking justice.