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DEFENSIVE INVESTIGATIONS
IDFOX S.r.l., an investigative agency authorised by the Prefecture of Milan, specialises in conducting defensive investigations throughout Italy.
These investigations, governed by article 327-bis of the Code of Criminal Procedure, are an essential tool for guaranteeing the right of defence in criminal proceedings.
To whom are defence investigations addressed?
The suspect or the lawyer
When a person is charged with a crime, his or her lawyer may hire an investigative agency to gather evidence to prove his or her innocence or to point out inconsistencies in the investigation carried out by the Judicial Police.
Main objectives:
- Prove that the accused did not commit the act, such as through witness testimony, video recordings, or verifiable alibis.
- Identify errors in the collection of evidence by the authorities.
- Find new witnesses or evidence that may overturn the accusation.
- Highlighting procedural or investigative violations that could compromise the trial.
The victim
Anyone who has suffered a crime can contact an investigative agency to gather further evidence to support their complaint.
The aggrieved party can also use private investigations to obtain justice more effectively.
Main objectives:
- Verify and gather new evidence to present in court.
- Prove the responsibility of the defendant with additional documentation.
- Identify witnesses or elements that can confirm the crime committed.
- To refute any distorted versions presented by the suspect’s defence.
At the pre-trial stage
Investigations for the defence do not necessarily have to be initiated only when there is a case, but can also be requested as a preventive measure in order to gather useful information before formalising a complaint or a defence strategy.
Main objectives:
- To gather preliminary evidence before filing a complaint, to avoid unfounded reports or to strengthen one’s own case.
- Verify the reliability of a report or allegation before it becomes the subject of an official investigation.
- Gather information on alleged wrongdoing to assess its legal relevance.
- Anticipate possible allegations and prepare a defence strategy based on concrete evidence.
Strategic Support for the Defence
Criminal investigation is an essential tool for lawyers, enabling them to gather evidence useful to their client’s defence strategy. This activity can be carried out directly by the lawyer or through specialised professionals such as licensed private investigators and technical consultants.
An effective criminal defence is not only based on refuting the charges, but must also include a detailed reconstruction of the facts, supported by alternative evidence. Relying on authorised private investigators, such as those of IDFOX S.r.l., guarantees the collection of crucial information in compliance with the applicable legislation, thus offering a strategic advantage in the process.
The legal framework
- Interviewing persons with knowledge of the facts in order to obtain direct testimony.
- Analysis and reconstruction of events in order to find elements that support the defence.
- The intervention of specialised technical consultants, when specific expertise is required to analyse the evidence.
Objectives of defence investigations
Defence investigations are not limited to disputing allegations, but aim to provide concrete evidence in favour of the suspect or offender. Investigations may include:
- Locating and interviewing witnesses who can corroborate the defence's version of events.
- Analysis of documents and materials that may be useful in proving the unrelatedness of the suspect to the alleged facts.
- Looking for any errors or inconsistencies in the investigation carried out by the judicial police.
Contact us for a free confidential consultation and find out how we can help you.
F.A.Q.
Defence investigations are investigations conducted to support the defence of a person or company in legal proceedings. The aim is to gather evidence that may prove the innocence, non-liability or mitigation of damages of a defendant or party.
A defence investigation is useful in cases of:
- False accusations or misleading testimony.
- Evidence that could prove the innocence of a person accused of a crime.
- Verification of alibis and evidence in favour of the client.
- Analysis of facts and circumstances that may reduce the severity of the conviction.
- Examination of possible violations of rights during the investigation or trial.
A defence investigation is usually requested by the defence lawyer, but can also be requested by the defendant or the party to the proceedings.
The main services we provide include:
- Verifying and gathering evidence to support a defendant's alibi.
- Investigations to disprove evidence against the client (e.g. false testimony).
- Analysis of video, photographs and documents to identify inconsistencies.
- Investigations to identify false witnesses or tampered evidence.
- Investigation of accidents or events that may reduce the defendant's liability.
- Recovery of digital evidence from electronic devices.
After a preliminary assessment, the investigation focuses on:
- Taking statements from potential alibis or witnesses.
- Fact-finding to verify evidence, videos, photographs, documents or digital traces.
- Examining possible procedural violations or irregularities in the case.
- Monitoring and reviewing suspicious activities related to the case.
Yes, the evidence we gather is admissible in court, as long as it is obtained in accordance with the law and is useful in supporting a defence or proving a person's innocence or alibi.