10 Oct spontaneous statements by the suspect

They can be used in the procedural phase, and therefore in the precautionary accident and in any contractual proof rites, spontaneous declarations made by the person under investigation to the Judicial Police pursuant to art. 350, co. 7, c.p.p., provided it is clear that the suspect has chosen to make them freely, that is, without any coercion or solicitation, precisely because the rule in question limits its unusability exclusively to the trial phase. In this regard, it is up to the judge to ascertain, even in the office, on the basis of all the elements at its disposal, the actual spontaneous nature of the declarations, acknowledging this evaluation with adequate and adequate motivation. What characterizes, with respect to spontaneous declarations, obtaining information and useful indications for investigations, ex Articles. 350, co. 1 e 5, c.p.p., are the direction of the enforcement of the subject by the Judicial Police operator and the tracing of the enforcement in a specific area chosen and limited by the latter (Cass. 25044/20).