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The search in criminal law is a typical instrument for the assessment of the proof, as recalled and regulated by the art. 247 and further of the criminal law code.
The search is carried out when there is a "valid reason to recover the objects of the unlawful or objects related to the offense". It is an action aimed at identifying and recovering the body of the crime or objects related to it, that is to arrest the accused or the evaded.
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This action aims to delimit certain freedoms enshrined in the constitution (the individual, the domiciliary ...) for which legislation has provided for essential and procedural guarantees in order to restrict such freedoms to a minimum level.
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The seizure of evidence is a procedural body regulated by art. 253-ff. of the c. p. p .. The institutions of competence are the judicial police and the public prosecutor. The provision is justified by the judicial authority, ex officio or on any request.
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Among the reasons that may lead to an evidential seizure is the recovery of the body of the crime or of objects related to it.
Things requisitioned by the pl body after a arrest
The code of procedure at the criminal level currently in force enumerates between the means of assessment of the proof, that is between the means available to the Public Prosecutor and the Judicial Police directed to the verification of the proof, the probation seizure. The same is directly connected to the search because it is generally direct effect.
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The judicial authority orders with a grounded order to seize the body of the crime and the objects connected to it for the purpose of verifying the facts (Article 243 of the It Civil Code). On the other hand, when the judicial authority can not intervene promptly the judicial police organs are allowed to requisition the same objects before they are dispersed due to delays in the PM s interventions (Article 354 paragraph of the Italian Civil Code).
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The seizure foresees, as already stated the body of the crime and the objects connected to it; mainly the code regulates the seizure of: mail, securities, values, and amounts in current accounts.
The reason for the seizure order is significant, since the same is what makes it possible to examine the existence of the legislative conditions and, therefore, the validity of the decree.
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In opposition to the seizure order, in fact, both the accused and the person to whom the objects have been confiscated, as well as those to whom the same objects should be returned, can submit a request for a review based on art. 324 c. p. p .. Question, this, which does not annul the implementation of the decree.
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The requisite objects are kept in the chancellery of the judge or in the secretariat of the public prosecutor; when this is not feasible or appropriate, the Judicial Authority designates another suitable office, choosing a guardian about it and reminding him of his obligations and duties and the responsibilities at the penal level foreseen for his eventual transgression.
The seizure is annulled, that is, it must be cancelled, when the needs that have foreseen it are missing; generally with the result of preventive investigations. However, this does not detract from the fact that the seizures that are foreseen by the effective precautionary measures can be substituted for the same objects.