Police inquiry

Judicial secrecy. Order to break banking secrecy. Inadmissibility of preventing lawyers from exercising fundamental rights for effective defense

Abstract

The article examines the conduct of the plaintiffs, lawyers retained by a company under investigation in a police inquiry, in the face of the judicial order that decreed judicial secrecy over documents relating to the breaking of banking and telephone secrecy. The exposition demonstrates that the Court prevented the professionals from accessing these separate records, including the very decisions authorizing the exceptional measures. The investigation maintains that such restriction violates professional prerogatives and the fundamental guarantees of full defense and adversarial proceedings. The conclusion is in favor of filing a writ of mandamus, with a request for injunctive relief, to ensure the lawyers full access to the records and the effective defense of their clients.