The consequences of an incomplete submission of the investigative report by the prosecutor [Le conseguenze dell’omesso deposito degli atti di indagine da parte del Pubblico ministero]

The judicial order discussed here addressed the consequences of an incomplete disclosure of the results of the investigation by the prosecutor, at the end of the preliminary investigations. The annotation of this judgment is an opportunity to recall the previous as well as the new solutions of the case law. Specifically on the contrast between an interpretation that the investigative report, whose disclosure was delayed by the prosecutor, should not be used during the preliminary hearing or the trial, and the alternative interpretation where the judge should nullify the notice of the end of the preliminary inquiries.