Defensive Criminal Investigations: Investigative Support for Lawyers and Private Individuals
Do not leave your fate solely in the hands of the prosecution. We gather evidence, verify testimonies and alibis to ensure an effective defence
The role of the private investigator as per Art. 327-bis c.p.p.
Many are unaware that the suspect has the constitutional right to defend themselves by proving their version of events. In accordance with Art. 327-bis of the Code of Criminal Procedure, Arcadia Company acts as the operational arm of the Defender, transforming mere clues into legally admissible evidence in court. Relying solely on the investigations of the Judicial Police may be partial: our task is to ensure the equality of arms between prosecution and defence.
How do private investigations work in the criminal process?
The lawyer defends in court, the investigator acts in the field. This synergy is often the only way to dismantle an accusatory framework based on partial clues or mistaken identity. We intervene in three distinct phases:
- Preventive Investigations: Before the process begins, to avoid incrimination.
- During the Process: To gather evidence 'in your defence'.
- After the Conviction: To find new elements (new evidence) useful for requesting a Review of the Trial.
Penal Investigative Services: What We Concretely Do
Law 397/2000 has granted the licensed private investigator a key role in the accusatory system. On the Defender's mandate, we can:
- Alibi Verification and ValidationWe analyse digital and testimonial evidence to confirm the client's position at the time of the crime.
- Trace Key WitnessesWe identify individuals who were not interviewed by the investigators.
- Counter-investigations and Credibility ScreeningWe assess the credibility of the prosecution witnesses to identify possible motives for slander or judicial errors.
I trace unidentified witnesses.
We also work for victims of crime who wish to become Civil Parties. If the Prosecutor's Office has requested archiving or the investigations are stalled, our intervention is to gather the necessary evidence to oppose the archiving and compel the Judge to continue the criminal proceedings against the guilty party.
Case Studies
Case Study: Defensive Criminal Investigations for Acquittal from an Unjust Charge
Sector: Criminal Law and Defensive Investigations | Location: Province of Naples
1. The Problem (Charge of Aggravated Robbery and Risk of Conviction)
An criminal defence lawyer turned to our agency to request investigative support in favour of one of his clients, who had been wrongly accused of aggravated robbery against a commercial establishment. The preliminary investigations by the law enforcement agencies had identified the suspect based on a partial and fragmented eyewitness testimony. The defence team's objective was to dismantle the prosecution's case through rigorous defensive criminal investigationswhile searching for objective elements to confirm the client's alibi and avoid a severe sentence criminal proceedings.
2. Investigative Strategy (Search for Exculpatory Evidence and Site Visit)
Working closely with the defender, we have activated an operational protocol under Article 327-bis of the Code of Criminal Procedure, aimed at identifying useful elements for the accused.
- Inspection at the crime scene: Detailed analysis of the locations to verify escape routes and the actual visibility of the prosecution witness at the time of the event.
- Search and acquisition of videos: Thorough mapping of all public and private CCTV cameras (often overlooked in standard investigations) in the crime area and locations indicated by the client's alibi.
- Witness Identification and Interrogation: Search for new individuals with knowledge of the facts through documented investigative interviews, to confirm the presence of the suspect in a different location at the time of the crime.
3. Results and Evidence Collected
The timely intervention of our licensed private investigator has enabled the evidential picture to be reversed, bringing crucial elements to light:
- A private condominium camera recording, never examined before, was identified and obtained, clearly showing the true perpetrator of the crime, whose physical characteristics were obviously incompatible with those of our client.
- The technical survey has shown that the prosecution's eyewitness was in a poorly lit area with obstructed view, making their identification unreliable.
- Through the witness searchWe traced and recorded the statements of two people who confirmed the client's alibi, attesting to his presence in a restaurant several kilometres away.
4. Legal Conclusion (Defense File and Acquittal)
At the end of the operations, the agency provided the lawyer with a Certified Investigation Dossiercontaining technical reports, original video recordings, and interview transcripts.
- Outcome: The lawyer has included the entire body of evidence in the defence counsel's filepresenting it promptly at the preliminary hearing.
- Finding: Thanks to the overwhelming discharge evidence produced by our activity in investigative support for lawyersThe judge issued a ruling of no case to answer, as the client did not commit the crime. The client was acquitted of all charges, avoiding a long and exhausting trial, and regained their full freedom.
How is the defensive investigation carried out
A rigorous protocol that transforms clues into admissible evidence in court.
Assignment of the Mandate
The Defender (lawyer) formally appoints Arcadia Company by conferring a 'special mandate' for defensive investigations, specifying the probatory objectives.
Field Operations
We conduct site inspections, trace individuals with knowledge of the facts, analyse and certify CCTV footage, and verify event timings.
Technical and Document Analysis
If necessary, we involve ballistics experts, IT specialists or forensic pathologists to analyse evidence or digital data that exonerate the client.
Court-Admissible Report
We prepare a detailed technical report that the lawyer will submit to the Public Prosecutor's file or present directly to the trial judge.
Doubts about Criminal Investigations
Responses on costs, timelines and legal validity.
Can a private investigator replace the Police?
No, we do not replace the Police (we cannot arrest or search), but we work in parallel. Often, we reach where the Police cannot (or do not have time to) reach, looking for details that prove innocence.
Are the collected evidence valid in court?
Absolutely yes. Defensive investigations are governed by the Code of Criminal Procedure. The report of the authorized investigator has full probative value and becomes part of the case file.
Can I hire you directly or should my lawyer do it?
In criminal cases, it is crucial that the assignment comes from the Defence Lawyer. This ensures 'professional secrecy' and makes the investigation results subject to defence guarantees (non-seizable). We work closely with your lawyer.
What happens if the investigation finds things that are not in my favour?
This is the guarantee of defensive investigations: if the outcome is unfavourable, the Defender is not obliged to produce it in court. The investigation remains confidential between the lawyer and the investigator. There is no risk of 'self-incrimination'.
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Office in Milan, Operating throughout Italy
Our private investigation agency is strategically located in Sesto San Giovanni, in the province of Milan. From here, we coordinate investigations throughout the national territory, ensuring a swift and direct response in the main provinces of Lombardy and Northern Italy.
