Criminal defensive investigations ex art. 327-bis in Milan.

In the Italian criminal procedural system, based on the accusatorial model, the right of defence does not end with merely refuting the arguments of the public prosecutor, but materialises in the ability to search for, identify and produce evidence in favour of one's client. The constitutional principle of a fair trial, enshrined in article 111 of the Constitution, requires perfect equality of arms between prosecution and defence. This balance is anchored in Law No. 397 of 7 December 2000, which regulates the operative tools available to the defence lawyer.

Under article 327-bis of the Code of Criminal Procedure, the defence counsel may conduct investigations to seek evidence in favour of the client, delegating the task to an authorised private investigator with a specific Prefectural Licence (formerly art. 134 TULPS). Arcadia Company acts as a party technical consultant and operational arm of law firms, gathering documentary, digital and testimonial evidence with legal stability and full admissibility at trial.

The phases of the investigative activity in the criminal process

Arcadia Company's intervention in support of the defence team can be activated at any stage and level of the proceeding, comprising three clearly distinct temporal and strategic moments:

• Preventive defensive investigations: Initiated before the formal commencement of a criminal proceeding, when there is a justified fear that a complaint‑complaint may be filed or that a preliminary investigative activity is underway. This activity aims to crystallise timely exculpatory evidence, useful to steer the Public Prosecutor’s decisions toward a request for dismissal, averting trial.
• Investigations during the case (procedural phase): Conducted during the preliminary investigations or the trial phase. The aim is to verify the robustness of the prosecutorial case of the Judicial Police, filling any investigative gaps and identifying elements favourable to the defendant or suspect that were not considered by the investigators.
• Investigations for the revision of the process (Art. 630 c.p.p.): Intervention following the issuance of a final conviction judgment. In this extraordinary phase, the investigation aims to locate and identify new or subsequent evidence with a probative force sufficient to overturn the judgment and secure the acquittal of the interested party.

Forensic operational activities and evidence‑search tools

The criminal procedure code authorises the private investigator to carry out specific investigative acts. Arcadia Company performs these activities applying rigorous scientific protocols to ensure compliance with articles 391-bis and following of the c.p.p.:

Verification and validation of the alibi

We analyse the truthfulness of the suspect’s spatio‑temporal location at the time of the offence. The assessment is carried out through forensic acquisition of digital traces, such as telephone cell log files, GPS geolocation data, call records and footage from public or private video‑surveillance systems in the area of interest, refuting the hypothesis of mistaken identity.

Refreshing and locating key witnesses

We identify and locate persons informed about the facts who have not been excluded by the investigating authorities, or whose testimony was partial. Arcadia Company assists the lawyer in mapping useful witnesses and in the preliminary screening of their reliability, preparatory to formal interview or information gathering by the defence.

Counter‑investigations and credibility analysis

We conduct targeted inquiries to assess the credibility of the prosecution’s witnesses or the offended party. The investigation aims to highlight the existence of extortionate motives, past grudges, economic conflicts of interest or personal instrumentalisation that could undermine the genuineness of accusatory statements, averting the risk of defamation.

Investigative support to the offended party and the civil party

The powers granted by Law 397/2000 are not reserved solely for the defence of the suspect, but also apply equally to the person harmed by the offence. When the victim wishes to become a civil party to claim damages, or when the Public Prosecutor makes a dismissal request deemed unjust, Arcadia Company intervenes to gather supplementary evidence.

This structured investigative dossier enables the defence counsel for the offended party to file a formal objection to the dismissal request, indicating to the Judge for Preliminary Investigations (GIP) further lines of inquiry to pursue or elements suitable to support the prosecution in court. This approach is decisive in complex cases such as stalking offences, intra‑family abuse or corporate fraud.

Forensic compliance and data handling: All criminal investigative activities are carried out in full adherence to the provisions of the European GDPR and in conformity with the general authorisations of the Garante per la protezione dei dati personali. The collection of personal data, even of a judicial or biometric nature, is strictly limited and aimed at exercising the right of defence. For further information on the ethical duties and prerogatives of the private investigator in criminal proceedings, the official channels of the Consiglio Nazionale Forense can be consulted.

Ensure the effectiveness of your defensive strategy

Within criminal jurisdiction, improvisation represents an unacceptable risk. Every investigation carried out by Arcadia Company produces a Certified Forensic Technical Report, structured for immediate attachment to defence memoranda or for filing in the counsel’s dossier, guaranteeing the lawyer access to unassailable evidence.