The term defensive investigations concerns all the investigation activities carried out by the lawyer to search for evidence in favor of his or her client, in the forms and for the purposes established by the code of criminal procedure.

Specifically, the lawyer has the faculty to carry out investigative activities in favor of his or her client and, in doing so, he or she has the possibility to request the assistance of specialized investigators. The activity of the investigator, in particular, takes the form of a series of acts (whether typical or atypical) consisting in the search for sources and evidence in favor of the suspect / defendant.

Typical acts include undocumented interviews, through which the lawyer evaluates whether the circumstances known by the person who will be heard or whose statements will be received can be useful for the defence (art. 391 bis, paragraph 1 of the Italian Code of Criminal Procedure) and access to places (article 391 sexies e septies Italian Code of Criminal Procedure).

Among the atypical acts, on the other hand, we can mention the search for things or; tape recorders in public places; informal conversations and, more generally, traces or any other element useful for investigations.