06 Mar statements collected by the suspect in the absence of the defender

When the judicial police officer collects information from the suspect, in the absence of the defender, to ascertain the actual consummation of a crime, they are not usable, pursuant to Article. 350, co. 6, c.p.p. . Nor could it be invoked, in a different sense, the special discipline contained in the article 220 of the implementing provisions to the c.p.p., where it is prescribed that when, in the course of inspections or surveillance provided for by laws or decrees, evidence of crime emerges, the acts necessary to ensure the sources of evidence and collect anything else that may be used for the application of criminal law are carried out in compliance with the rules of the code, since this last specific provision is applied on the occasion of inspections or administrative supervision during which the emergence of a fact abstractly qualifiable as a crime remains a possibility: situation other than that in which information is collected in relation to a person who is assumed already involved in the commission of a crime (Cass. 649/21).