“Legality is a feeling.” This quote by Nando Dalla Chiesa, an Italian politician, sociologist, and writer, lends itself to various interpretations, but one thing is certain, in the courtroom: legality cannot be a feeling because it represents something very concrete.
A factor that particularly concerns the Evidence presented in court: not all evidence acquired by investigators has legal valueIt is no coincidence that this is an aspect to which the most qualified professionals pay a little more attention, as with regards to Vox Investigations: listed among the best agencies in Italy, active throughout Italy thanks also to a solid network of partnerships with several prestigious law firms.
In this article, we analyze when evidence collected by a private investigator is truly legally valid, focusing on the essential conditions for this situation to exist.
Regulatory compliance: when evidence is legal
For evidence to be legal it must be relevant to the provisions of the regulatory framework., which differ depending on whether the case is civil or criminal; the rules are, in fact, different. It is essential that the evidence collected has probative value, proving valid during cross-examination.
Which materials have no evidentiary value
The elements that have no probative value are essentially the following:
- materials deemed illegitimate because they were acquired through the violation of fundamental prohibitions/rights;
- materials that cannot be used;
- materials that have no relevance with respect to the specific case.
Criminal proceedings: when evidence obtained through an investigation has legal value
The evidence collected by a private investigator with legal value and given during a criminal trial is that which holds a defensive value. The reference standards are:
- Law no. 397/2000;
- Title VI-bis of Book V of the Code of Criminal Procedure. Article 327-bis, in particular, provides the defense attorney with the right to pursue investigative activity independent of that of the Public Prosecutor.
The defensive evidence is also subject to the provisions of the Cartabia reform, which redefined some crucial aspects of documentation and filing.
Civil proceedings: what evidence obtained through investigations is legal?
The investigative material that most denotes legal value is that which concerns the following categories:
- photo;
- video;
- screens;
- relations;
- inspections;
- extracts;
- findings.
The final say on the legality of a test is therefore up to the Judge, in line with the provisions of theArticle 116 of the Code of Civil Procedure. The Magistrate will comply with the following criteria:
- lawfulness: the material must not be obtained through infringement;
- consistencyTo be reliable, the element must be contextualized. There must be logical continuity;
- origin and conservation: it is necessary to be able to achieve the traceability of the test, which must be in an intact condition;
- logic and motivation: the material must have its own raison d'être, so as to comply with the criteria of proportionality.
Some concrete examples
Photos and videos taken in public spaces, as well as those that are consistent with the subject matter stated in the lawsuit, have legal value. However, those that violate a person's privacy are not.
Among the elements that give value to the evidence we find the presence of date and time, a neutral description of the facts, a connection with the facts indicated in the trial.
Final note on shadowing/stalking
Staking and shadowing are delicate activitiesThey must be conducted in a targeted and discreet manner: it is important that the person does not feel "persecuted." They must also be supported by solid documentation.
As you can see, thegathering evidence is something extremely delicate and requires high-profile skills, both legal and "know-how": both elements to be carefully evaluated when choosing an investigative agency.
