15 Feb guarantee information

The guarantee information (commonly known with the athecs expression "guarantee notice") It is the act with which the public prosecutor, or the owner of the criminal action, informs the suspect and the offended person, of the fulfillment of an act of investigation that implies the technical defense, in relation to which the invitation to appoint a trusted defender. The guarantee information is the act with which the public prosecutor, or the owner of the Criminal Azioacne, informs the suspect and the offended person, of the fulfillment of an act of investigation that implies the technical defense (Guaranteed C.D act, cfr. infra), in relation to which the invitation to appoint a trusted defender. The guarantee information is therefore, Often, The act through which it is formally learned of the existence of a criminal proceeding during the investigation against it: before this moment, Knowledge of the existence of a procedure can be acquired, of their own impulse, through the question of the general register of crime news, unless particular needs of secrecy do not allow the ostentions of the news. The regulatory provision governing the guarantee information is the art. 369 c.p.p., Entitled in Title V of Book V of the ritual code, from laugh "Public prosecutor activities”, and that it provides verbatim:
1. Only when he has to perform an act to which the defender has the right to assist, The public prosecutor sends by post, in a closed bending recommended with return receipt, to the person subject to investigations and to the offended person an information of guarantee with indication of the laws that are assumed to be violated, of the date and the place of the fact and with an invitation to exercise the right to appoint a trusted defender.
1-to. The public prosecutor also informs the person subject to investigations and the offended person of the right to communication provided for by the article 335, comma 3.
2. If the need to revive or the post office returns the fold for the recipient's unavailability, The public prosecutor may have that the guarantee information is notified in accordance with the article 151.
The disposal reported defines content and recipients of the guarantee information as well as timing and methods of sending. Let's see more in detail, having preliminarily regarding the function of the act. The function of the guarantee information is to allow the suspect the concrete exercise of the right of defense if the public prosecutor proceeds to carry out documents that compulsorily require the assistance of the defender; This function is fulfilled through the communication of an embryonic indication of the charges that are moved to the suspect. The guarantee information assumes, however, a merely possible connotation given the absence of an obligation, for the public prosecutor, of completion of guaranteed acts: It follows that the entire investigative phase could take place unbeknownst to the subject subjected to it. The guarantee information contains, as anticipated, an embryonic indication of charges moved to the person subject to investigations e, in particular:

• the date and place of the fact charged;
• the indication of the laws that are assumed violated,
• The invitation to exercise the right to appoint a trusted defender.

The paragraph 1 to, introduced with Legislative Decree. 1 July 2014, n. 101 (in G.U. 17/07/2014, n. 164) provides that with the guarantee information The public prosecutor also informs the person subject to investigations and the offended person of the right to communication provided for by the article 335, comma 3: norma, the latter that, in fact, regulate the communication of the crime news registered in the relative register (with the exclusion of those relating to the crimes referred to in art. 407 comma 2 became. a). In line with art. 369, l'Art.369 to C.P.P., introduced with L. 60/2001, provides that, In order to protect the effectiveness of the right of defense, On the occasion of the first guaranteed act e, However, before the invitation to present oneself to make the interrogation or, at the latest, with the notice of conclusion of the preliminary investigations, The public prosecutor must send direct communication to fully inform the person investigated regarding his defensive faculties and concrete methods concerning their exercise. Such communication, tax under penalty of nullity of the subsequent acts, must contain: information of the compulsory technical defense in the criminal process; The name of the officer defender and his address and telephone number; the indication of the right to appoint a trusted defender with the warning that, lacking, The suspect will be assisted by the one appointed ex officio; the indication of the obligation to pay the officer defender, Unless the suspect gets admission to free patronage; the information of the right to the interpreter and the translation of the fundamental acts; the indication of the conditions for admission to patronage for non -affluent. The first paragraph of art. 369, partly reformulated by art. 19 law 8 August 1995 n. 332, replacing the diction "from the first act to which the defender has the right to assist"With that"only when he has to perform an act to which the defender has the right to assist"Provides for sending the information information information as a possible and reconnects it to the completion of the so -called. guaranteed. By reason of this, the investigation phase can take place and end without the guarantee information has ever been sent, being not necessary for the public prosecutor to perform acts to which the defender has the right to assist and not, however, mandatory. Those investigative acts to which the’ effective participation and the concrete contribution of the defense of the suspect must be full and effective: such are the interrogation, inspection, the identification of people or the comparison in which the person under investigation must participate (art. 364 c.p.p.), the unrepeatable technical assessment (art. 360 c.p.p.), The compulsory withdrawal of biological champions. With reference to the c.d acts by surprise (searches, seizures, inspections in the cases provided for by art. 364 comma 5 c.p.p.), with respect to which there is no obligation to notice the defender, It is believed that there is no obligation to the public prosecutor of a preventive sending of the guarantee information that would end up frustrating its effectiveness (cfr., Cass. Sez. And. 23.2.2000 which clarified that, where the suspect is present at the fulfillment of these documents, The public prosecutor is no longer burdened than the coment imposed by art. 369 c.p.p. Since the provision absorbed by the obligations given on the occasion of the performance of surprise documents including the notification of the motivated decree, the invitation to appoint a trusted defender e, lacking, the appointment of an office defender). Communication on the right of defense constitutes the natural completion of the functions performed by the information information information (Bonzano) So much so that in the practice it frequently happens that the public prosecutor notifies a single act that includes the contents of the guarantee information and those of communication on the right of defense.