
Do you think I am contradicted by the code of criminal procedure?
The word
interrogation (
interrogatorio) in the Italian Criminal Procedure only refers to a procedure of questioning a suspect carried on by a judicial authority, that is a Public Minister or a Judge.
Also the police may carry on an
interrogatorio, but
only as a proxy of a Magistrate that is on a written order from a PM or a Judge.
Police questionings are normally called
sommarie informazioni, this term may replace the word
interrogatorio when the police perfomrs them even when they are based on art. 64.
So an interrogatio ex art.64 is not an investigation activity; it is no police activity, it is a judicial activity. It is only performed by jurdiciaries or by authorities who act as proxies (with a mandate and written questions), and only of formal suspects. Police have no power and no discretion in those.
All this may only have to do with a person who is already a formal suspect. The
interrogatorio in all these variants (art. 64) is basically meant in the Italian code as a
defence right, it is a procedure by which the juddicial authority guarantees the person they accuse a right to respond.
The first interogatorio of Raffaele Sollecito was by Clauia Matteini on Nov.8, the first interrogatorio of Amanda Knox was by Mignini on Dec. 17.
Police questionings are called
sommarie informazioni and the people interrogated within discretion of detective activities are not formal suspects - or if they are, they may be in the immediacy of the crime or anyway in the impossibility to have immediately a judicial authority and a lawyer, so in a condition of diminished defence but of urgency.
If they are already formal suspects, they may still release a
spontaneous statement, this also can occur in conditions of diminished defence rights, but not necessarily in the immediacy of a crime.
It is also possible that it is acknowledged only later that a "police witness" was in fact already a suspect, this can re-assessed only later, in that event the provisions and limitations of usability of art. 350 apply to his spontaneous statements or to his questioning.
Well, Mach, you make many claims but the language of CPP Article 64 does not specify whether it is conducted by the police or a judicial authority. And Article 350, which specifically is directed to a questioning carried out by the police, very clearly states that the police must use the procedure of Article 64. Therefore, the word applies to questioning carried out by the police. You have wrapped yourself in another contradiction.
Your argument in the quoted post above appears to be a rather desperate attempt to avoid admitting to an error.
Here's the text of CPP Article 64 in Italian:
Art. 64 - Regole generali per
l'interrogatorio1.
La persona sottoposta alle indagini, anche se in stato di custodia cautelare o se detenuta per altra causa, interviene libera all'interrogatorio, salve le cautele necessarie per prevenire il pericolo di fuga o di violenze.
2. Non possono essere utilizzati, neppure con il consenso della persona interrogata, metodi o tecniche idonei a influire sulla libertà di autodeterminazione o ad alterare la capacità di ricordare e di valutare i fatti.
3. Prima che abbia inizio
l'interrogatorio, la persona deve essere avvertita che:
a)le sue dichiarazioni potranno sempre essere utilizzate nei suoi confronti;
b) salvo quanto disposto dall'articolo 66, comma 1, ha facoltà di non rispondere ad alcuna domanda, ma comunque il procedimento seguirà il suo corso;
c) se renderà dichiarazioni su fatti che concernono la responsabilità di altri, assumerà, in ordine a tali fatti, l'ufficio di testimone, salve le incompatibilità previste dall'articolo 197 e le garanzie di cui all'articolo 197-bis.
3-bis. L'inosservanza delle disposizioni di cui al comma 3, lettere a) e b) rende inutilizzabili le dichiarazioni rese dalla persona interrogata. In mancanza dell'avvertimento di cui al comma 3, lettera c), le dichiarazioni eventualmente rese dalla persona interrogata su fatti che concernono la responsabilità di altri non sono utilizzabili nei loro confronti e la persona interrogata non potrà assumere, in ordine a detti fatti, l'ufficio di testimone.
It begins "La persona sottoposta alle indagini" which Google translate gives as "The person under investigation" or "The person being examined" which Gialuz, Luparia, and Scarpa translate as "The suspected person". In English, the suspected person is equivalent to the person being investigated, and would be different than a witness. The text of Article 64.3 includes warnings traditionally found in English law, such as "you {the person suspected and under investigation} have right to remain silent" and "anything you say may be used against you" that are directed to a suspect. The questioning is referred to as "l'interrogatorio" which may be translated as "questioning" or as "interrogation" according to Google translate. Article 64 does not explicitly state that the person under investigation is an officially recorded suspect, but perhaps that is to be assumed.
However, the CSC and Italian law recognize that one may be a de facto suspect (not officially) and have the rights of an official suspect: CPP Article 63.2, "If the person
should have been heard as an accused or a suspect from the beginning, his statements shall not be used."
As you may know, the European Court of Human Rights and the CSC do not agree that one must be officially recorded as a suspect to be a suspect for purposes of requiring a lawyer and being given the legal warnings such as those of Article 64.3 before questioning. Rather, it is the facts of the person's condition that determine this status.
For example, Judge Boninsegna states that Knox became, or was shown to be a (de facto) suspect when her cell phone was taken by the police on Nov. 5/6, 2007, before she made any statement against Lumumba, and thus entitled to defense rights at that point. The CSC also considered Knox a de facto suspect during the questioning by the police on Nov. 5/6, apparently at the point she made an incriminating statement, and therefore her defense rights were activated at that point. That is why her statements could not be used against her in the murder/rape trial (although the CSC found an exception to allow their use in the calunnia trial).