Adversarial proceedings during the criminal investigation. The assistance of the lawyer in carrying out the criminal investigation acts

Abstract

The adversarial islands that are encountered in the criminal instruction phase offer means of evidence administered in conditions of adversarial proceedings additional reliability and are an expression of the guarantees that benefit the accused person.

The study is divided into three chapters, beginning with a general presentation of the adversarial principle that characterizes the trial phase and is sporadically found in the criminal investigation phase; in the following section, various concepts and theories regarding the procedures in the criminal investigation phase in which the adversarial principle is applicable are debated.

In the last part of the paper, an analysis is performed in relation to the effects of the adversarial principle on the reliability of evidence obtained with its application, the exclusion of evidence obtained in violation of the adversarial principle, and lex ferenda proposals by the author.