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The procedure for the accused minor is based on these fundamental elements: the fundamental purpose of re-education of the minor; the lowest harmfulness of the procedure for the minor; the inflexible protection of the individuality and privacy of the child.

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These objectives are pursued by the special legislation (see DPR 448/1998) with some changes that derogate from the common criminal procedure as the element of the inconsistency of the action, which allows the acquittal with a verdict of non-proceeding, the non-viability of the legislation on the flight, the execution of court sessions in private, the prohibition to disseminate or communicate information or representations of the minor, the planning of a specific judicial archive, and the so-called verification of the minor, which in the hypothesis of positive result cancellation of the offense.

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NOTIFICATION OF THE END OF PRELIMINARY SURVEYS EX ART 415 BIS C.P.P.

Sometimes it happens that the individual is not aware of possible investigations carried out by the public prosecutor against him. Indeed, it is not infrequent that any of us have been investigated and that they are not aware of it.

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This takes place because the various types of offenses governed by the law require different investigative functions which, by their nature, imply disparate plans of awareness of the same.

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Sometimes an individual knows of his inquisition with the so-called domiciliary appointment (see Article 161 c.p.p.); in other cases he is notified of an individual precautionary supervision provision (eg house arrest), or concrete provision (eg the confiscation of an asset), others still know nothing because the investigation is filed before any operations can be carried out that make them known.

In essence, even if there is not only one system of investigation, the inmate has the right to know his situation when the Public Prosecutor, at the end of the same, decrees to continue with the penal plan.

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The notification to the inquisition of the end of the preventive investigations ", (see Article 415 bis of the Code of Criminal Procedure) is the manifestation of one of the protections that the law assigns to the inquisition about to be accused (see the difference between the investigated and the accused) and is useful, as well as to communicate that a prosecutor is going to prosecute, even, and mainly, to allow him to organize his protection before the trial is initiated, and to forward some instances to the same PM to persuade him not to act or convince him to rethink the hypothesis of an infraction.In fact, by examining Article 415 bis of the Code of Criminal Procedure, it is clear that the inmate, and clearly his lawyer, must view and have duplicated all the documents of the PM file and , within twenty days from the communication of the information, the right to forward representations, to draw up deeds, to deliver the defense investigations, to ask the PM for inquiry documents, to be seen to carry out communications or, concluding, ask to be questioned (only for this instance the PM is required to continue).

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As is known, therefore, in essence, with the notification of the end of the preventive investigations, the moment in which the fundamental elements of the criminal procedure (or accusation and protection) are contradictory.

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This protection of the Inquisitor is very important: in fact, by asserting his rights, he can, if anything, change his mind to the PM and make him request to catalog the documents. To certify the relevance of the notification pursuant to Article 415 bis of the Code of Criminal Procedure, it is sufficient to acknowledge that the appeal request and the decree of appeal are not valid if they are not prevented by verbal notification (see Art. 416, respectively). 1 co., And Art. 552, 2 co., Cpp).

The individual object of the investigations is not always informed of his prerogative of inquisitor from the beginning of the same investigations.

Sometimes, for example, it happens that the inquiries are aimed at strangers, in other cases there are specific requirements of confidentiality.

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The Public Prosecutor, in fact, is not legally required to immediately notify the individual who is subject to the investigation: this duty arises when it is necessary to carry out actions for which the intervention of the lawyer is necessary, and it is exonerated with the communication of the so called warranty notice.

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Contact us in case of detention or criminal or civil problems. The law firm in London, New York, La Vegas, Rome, Naples, Milan, Italy, Germany, Spain, France and has over 15 foreign branches, is directed towards criminal and international law, a format for criminal lawyers mainly deals with the defense of people accused of crimes penalties such as drug trafficking, financial and economic crimes, white-collar crimes, murder, violence, rape and any type of crime. Contact us now for effective criminal defense.

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