05 Mar notice of conclusion of the investigation

L’art. 415 twice c.p.p. governs the institution of the notice to the suspect of the conclusion of the preliminary investigations.

With the provision in question the Legislature wanted to ensure the suspect can effectively exercise their right of defense at a time before compared to the prosecution by the Public Prosecutor.

L’art. 415 twice c.p.p. It performs a informative function, to protect the right of defense and meets the need to ensure as complete as possible of the investigation; the suspect is thereby placed in a position to prepare a technical defense and effective, before the Public Prosecutor exercising the prosecution. Among the options provided by our Order to protect a specific exercise of the right of defense, It highlights the possibility of acquiring the records in the file of the investigation, to request the questioning of persons under investigation, to present briefs, to request p.m. carrying out further investigations.

The notice referred to in Article. 415 twice c.p.p. It applies only in cases where the prosecutor prosecutes by the indictment or by direct summons to trial before the Court single judge. Conversely, it is not expected that the judgment direttissimo (Articles. 449 e 558 c.p.p.) and the immediate trial (art. 453 c.p.p.) It should be preceded by notice of conclusion of the investigation. The applicability of the institute is also rejected in the proceedings by decree (art. 459 c.p.p.) because of the quickness and promptness which distinguishes this process.

In the proceedings before the Justice of the Peace, similarly to what occurs in the special procedures established by the code of ritual, does not apply to the provisions of Article. 415 Twice c.p.p., not being therefore provided the issuance by dell'A.G. proceeding of a finalization of the investigation prior to citation judgment.