lawyer is entitled to a full copy of the records
The order for custody in prison is nothing if the prosecutor fails to deliver the defense lawyer to the tapes of the interceptions as the basis for the charges. Not just the full transcript of the recordings. And the rule applies even if the intercepts have not yet been filed by investigators. With a ruling that calls a decision of the Constitutional Court of 2008, the Supreme Court warned prosecutors to "play cards" when it comes to arrests result of wiretaps or the environment. If the defense after receiving a copy of the order that led to his client in jail, he requested records tape or CD to be used for prosecution in disputes, the prosecution may not use a surrogate such as transcripts on paper even if those interceptions have not yet been filed nor the investigating magistrate who issued the order being satisfied, for precisely, of the transcripts. The judges of the Sixth Criminal Chamber of the Court, with the sentence 19,150 have therefore annulled the decision of the court for preliminary review of Brescia, in January, had instead upheld the order of custody in prison against two non-arrested by Bergamo prosecutor for drug dealing. After the arrest of two people arrested the defendant had filed an appeal asking the attorney to review a copy of interceptions, collected on a CD, which was based on the allegations. Failure to answer the investigative office, the attorney had replied with a request for usability of interceptions. Request rejected by the review which states that "no objection having been made on the accuracy of the transcripts, there was no reason to believe the essential copy of the original CD with the conversations. A thesis that the Supreme Court has strongly rejected: "Following the decision 336 of 2008" by the Constitutional Court, the Supreme Court writes, "after the notice or comply with the order that has a precautionary measure the defender can get the implementation of records conversations or communications intercepted, used for the protective order, even if not filed. "In short, if the intercepts are compromising, even the defense has the right to listen live.
