Notice of investigation: why you should immediately contact a criminal lawyer

The first document that confirms the initiation of criminal proceedings against an individual is the identification and declaration or election of domicile report accompanied by the notice of investigation. From this moment, it is absolutely necessary to contact a criminal lawyer.

The identification report and the declaration or election of domicile

Specifically, following the commission of a crime, the Judicial Police drafts the “report of identification and declaration or election of domicile pursuant to Articles 349 and 161 of the Code of Criminal Procedure, as well as the notice of the right to defense pursuant to Article 369 bis of the Code of Criminal Procedure and notification regarding the awareness of the proceedings.” This is addressed to the alleged perpetrator, who learns at this point that they are under investigation.

As provided by Article 349 of the Code of Criminal Procedure, paragraph 1, “The Judicial Police proceeds to identify the person under investigation,” and paragraph 3, “When proceeding with identification, the Judicial Police invites the person under investigation to declare or elect domicile for notifications under Article 161, as well as to indicate their residence address, the location where they habitually carry out their work activity, and any places of temporary residence or domicile, along with any available phone numbers or e-mail addresses.”

The identification of the suspect must be complete with all relevant data, and the declaration or election of domicile for notifications is also necessary. This can be at their residence, workplace or with the trusted defense attorney, or, if unavailable, the court-appointed attorney.

The contents of the notice of investigation and the rights of the suspect

According to Article 369 of the Code of Criminal Procedure, the notice of investigation must contain “a summary description of the fact, an indication of the legal provisions allegedly violated, the date and location of the fact and the invitation to appoint a trusted defense lawyer.”

The individual under investigation can appoint a trusted defense lawyer at this stage or, if unable, unwilling or undecided, the competent Bar Association will immediately assign a court-appointed lawyer.

The choice made when drafting the identification report with the notice of investigation does not preclude the suspect from later turning to a trusted criminal lawyer.

Normally, an individual who learns for the first time that they are under investigation may not immediately have a reference for a criminal lawyer to appoint. Thus, they can act later to identify their trusted defense attorney.

Furthermore, at this stage the suspect has the right to receive information regarding their right to defense, which, according to Article 369 bis, paragraph 2, of the Code of Criminal Procedure, must include “a) information about the obligation of technical defense in criminal proceedings, with an indication of the rights and faculties granted by law to the person under investigation; b) the name, address, and phone number of the court-appointed lawyer; c) the option to appoint a trusted lawyer with the warning that, in the absence of such, the suspect will be assisted by the court-appointed lawyer; d) information regarding the obligation to compensate the court-appointed lawyer unless eligible for state-funded legal aid, with warnings about enforcement measures in case of insolvency; d bis) information about the right to an interpreter and the translation of essential documents; e) the conditions for access to state-funded legal aid.”

In conclusion, the drafting of the identification report with the notice of investigation is a crucial moment for the suspect, who, from this point, must necessarily contact their criminal lawyer.

The individual under investigation needs to act immediately at this stage and not wait for the criminal proceedings to develop. Through the intervention of their defense attorney, they can receive all the most relevant information and, above all, effectively plan their defense strategy.

Stella Law Firm: criminal lawyers in Milan

Stella Law Firm stands out for its highly specialized professionals in every area of criminal law. Located in Milan, the firm provides excellent legal assistance to anyone needing immediate and qualified support after receiving a notice of investigation.

The criminal lawyers at Stella Law Firm in Milan adopt a personalized and strategic approach, providing immediate legal advice and in-depth analysis of each specific case. They ensure maximum transparency and keep clients constantly updated on the status of criminal proceedings, delivering precise technical defense from the preliminary investigation phase to potential trial.

Those needing a criminal lawyer in Milan will find the ideal partner in Stella Law Firm to protect their rights and build a solid defense strategy. Thanks to the experience gained over time and the in-depth knowledge of the judicial system, the firm is considered a reference point for effectively addressing complex situations in criminal matters.