I have received the notice of conclusion of preliminary investigations. What should I do?
The notice of the conclusion of preliminary investigations is the document by which the Public Prosecutor (i.e., the magistrate who directed the investigation) informs a person (often unaware of the investigation against them, Click HERE to read the article “Is it possible to be under investigation without knowing it?”) that the investigation has concluded. At the same time, the notice informs the individual of their right to exercise various defensive rights within a short timeframe (such as requesting to be interrogated, requesting further investigations, submitting briefs or documents, etc.).
In such cases, it is advisable to promptly consult with your criminal defense attorney, granting them full power of representation. This allows the attorney to immediately obtain a copy of the investigation file and, in developing the best defense strategy, determine which rights to exercise immediately and which can be deferred until a later stage, when the file is reviewed by a judge different from the one who conducted the investigation—thereby ensuring impartiality.
The notice in question is only issued to the suspect when the results of the investigation have led the Public Prosecutor to be convinced of the suspect’s guilt. If the Public Prosecutor were not convinced of the suspect’s guilt, they would have requested the case to be archived (Click HERE to read the article “What are preliminary investigations and how do they conclude?”
Therefore, the defense must carefully and prospectively assess whether it is feasible to persuade the Public Prosecutor to reconsider their conclusion of guilt or whether it is more prudent to defer the exercise of all defensive rights to a later phase. At that point, when the file is in the hands of a different, impartial magistrate, it will be necessary to convince them—through defensive arguments—of the baselessness of the prosecution’s case.
Founding Attorney
Jacopo Antonio Ahmad
For further information, Contact Us.
