15 Jan recording evidence

The probative is a procedural institution that allows the anticipation of the phase of the test formation in the course of the preliminary investigations or in the preliminary hearing.

It finds its ratio in the need to ensure those sources of evidence that for certain reasons, strictly defined by Article. 392 c.p.p., They are likely to be dispersed or no cancellation is received at trial.

In particular, pursuant to Article. 392 c.p.p., it p.m. and the suspect (and the accused in the preliminary hearing) They can ask the Judge proceeding that we proceed to probative in some certain assumptions by Law:

– for the taking of a testimony of a person, when there is reason to believe that the same can not be examined in the trial because of illness or other serious impediment;

– for the taking of a testimony when, for concrete and specific elements, there is reason to believe that the person is subjected to violence, threat, offers or promises of money or other benefits, to not testify or to give false testimony;

– for the investigation of the suspect on facts concerning the responsibility of others;

– for the examination of a defendant in a connected or linked process;

– to proceed to the comparison between people who, in another probative or P.M., They have made conflicting statements;

– to carry out an expert opinion or a judicial experiment if the evidence concerns a person, a thing or a place whose status is subject to modification unavoidable;

– to proceed with a reconnaissance when reasons of urgency do not allow the deed to be postponed to the hearing;

– for the taking of testimony of a minor or of the offended person of age victim of sexual crimes, in proceedings for crimes of domestic violence or to children, reduction or maintenance in slavery, These are people, purchase and sale of slaves, sexual assault or prostitution and child pornography;

– for carrying out an expert opinion that, if carried out in court, It would lead to its suspension for more than 60 days or involving the execution of checks or withdrawals on living person.

At the hearing of evidence, during evidence beforehand, chairs the G.I.P.; the hearing follows the dibattimentali forms with regard to the direct and cross-examination of persons undergoing examination, where p.m. and the defender can ask questions directly. Once formed, tests are used in the trial, but only against the defendants whose defenders were involved in their recruitment.