The Law nr. 397 of the 7/12/2000, introduces the VI Title bis of the Book V in the Codex of Criminal Proceedings. This law had boost the defender’s powers to research evidences, within the framework of an equalization process of progressive and substantial matters between accuse and defence.

According to that the organic “statue” was introduced in the defensive investigation. This allowed the defence attorneys to activate the research of favourable evidences for their clients since the initial phase of the criminal procedure. In some specific cases and within certain limits the research is allowed even in a precautionary way.

The rule under examination confers to the private detective a new professional dignity. In particular thanks to the Art. 391 bis of the Codex of Criminal Procedure, the private detective assumed a central role in the defensive investigations.

Accordingly, the attorney can authorize the private detective for the investigation. The legislator elevated the detective at the rank of indispensable collaborator for the attorney in the delicate activity of defence.

To help the attorney in the research of favourable elements for the clients, the private detective first of all must be authorized by a personal and exclusive authorization Police License released by the Prefect operating in the area.

The engagement can have different tasks: the research of witness, the research of evidences, the control of alibi and the research of any documents which can be useful for the defensive investigation. In addition  according to letter of engagement the detective can do survey.

The attorney can authorize the private detective to collect oral evidences from the witnesses that can be useful for the investigation.

Once the investigation is completed – under the respect of the law – the information acquired will compose the defence documents assuming the same value of that one obtained by the prosecutor. Accordingly to the Art. 391 of the Criminal Procedures Codex, the defence documents can be used during the preliminary investigations and the preliminary judicial hearing. In addition those documents can be presented directly to the Judge in prevision of a decision for the client. The defence documents with the goal to furnish evidences in favour of the client can be deposited to the office of the Public Persecutor.

The current law allowed legitimated the private detective to collect the testimonies and the evidences, becoming the “longa manus” for the attorney.  Thanks to the current normative the private detective assume a new professional dimension amplifies its operative potential but also its professional responsibilities.