Investigation activity – Wikipedia

L’ preliminary investigation It is the procedural phase required by the law aimed at the reconnaissance and evaluation of the elements relevant for the final decision.

The preliminary phase of the criminal procedure is the one that includes these activities. It is present in the generality of the procedures.

In the jurisdictional or process the preliminary activity, with which the judge identifies the reality of the facts, precedes the activity of discussion implemented for the identification of the applicable legal discipline. In the preliminary phase of the trial, investigations take place and tests and information useful for judgment are acquired, to be able to reach a subsequent phase hearing O decision -making .

In Italy the preliminary phase is provided only for civil procedural law, given that in the criminal one the figure of the investigating judge was suppressed in 1988 in favor of the judge for the preliminary investigations and the judge of the preliminary hearing: more correct is, therefore , talk about preliminary investigations and preliminary hearing.

Administrative processes [ change | Modifica Wikitesto ]

Preliminary investigations and preliminary hearing are two different phases of the administrative process. However, the presence of the Administration which is a part but placed in a different position compared to the recurring private individual, means that generally there is no disagreement on the reconstruction of the facts. ^{[ without source ]} However, it is not correct to say that in the administrative process there is no preliminary activity because, if well peaceful, it must still be reconstructed by the judge.

The central element of the preliminary activity is proof, the burden of which, on the basis of the general principle, burns on the applicant. Compared to the public administration that stands in a position of supremacy, it is evident that a situation of this type could affect the position of the private individual. To this should be added that the private individual does not have the documentation relating to the procedures relating to the contested act. For these reasons, in administrative law, what is defined as a principle of proof for which the private person fulfills the burden of proof simply with a reasonable representation of reality in the introductory act was accepted. This principle can be considered worth without reserve when we are in the presence of a legitimate interest. Some jurisprudential currents believe that in the case of subjective rights, where therefore the position between administration and private is of formal equality ^{[ without source ]} , this principle cannot be applied and leaves room for the normal principle of the burden of proof.

Furthermore, the documents of the preliminary activity are placed under what is said of preliminary investigation that does not make them publicly published until the judicial authority makes them known to the accused.

Preliminary investigation expenses [ change | Modifica Wikitesto ]

There are no rules that evaluate a proportional value of the preliminary costs compared to ^{[ loan ]} .
Often the expenses are unsuitable, especially when it concerns small loans, given that the percentage of expenditure does not differ between the various capital and therefore will be high. There is no limits, it is to the faculty of those who issue the regular loan also the expenses (and therefore can be immense or adequate). But at the same time you could consider the Taeg upstream and therefore the possible gain to cover future possible expenses incurred for the practice.