Practical guide

How to draft the interrogation record under Art. 64 c.p.p. with AI

3 min read · Updated October 2026 · Editorial oversight: Avv. Federico Papa

The interrogation of the person under investigation (indagato) is a key protected act in criminal proceedings. Correct recording of the preliminary warnings required by Art. 64 c.p.p. is essential for the validity and admissibility of the record.

In brief

Drafting the interrogation record (verbale di interrogatorio) under Art. 64 of the Italian Code of Criminal Procedure focuses on the faithful transcription of defense guarantees and the suspect's answers. The document must include warnings regarding the right to remain silent, the consequences of statements regarding third parties, and the evidentiary use of the statements. Failure to comply leads to the statements being inadmissible (inutilizzabilità). By using edit.legal, practitioners can automate the record's structure, ensuring all mandatory legal formulas are included.

The steps

1.
Identification and personal details
The first step is identifying the person under investigation (indagato). The record must accurately report full personal details and any identifying features as per Art. 66 c.p.p. At this stage, edit.legal can extract biographical data from identity documents or previous police reports to automatically populate the header, reducing clerical errors that could compromise the subject's identification.
2.
Formulation of preliminary warnings
The proceeding authority must provide the warnings listed in Art. 64, paragraph 3, c.p.p. The suspect must be warned that their statements may be used against them, that they have the right to remain silent (except for identification details), and that statements regarding others' liability will result in them assuming the status of an assisted witness (testimone assistito). edit.legal helps draft these standard clauses flawlessly, ensuring none of the three mandatory warnings are omitted.
3.
Defense counsel appointment and communications
The record must document the presence of the counsel (difensore) or the appointment of a public defender if the private counsel is absent. It must record how the counsel was notified and any private consultation held before the interrogation starts. Using edit.legal, you can quickly generate the legal assistance section, inserting the lawyer's data and verifying the correctness of the notice, which is essential to avoid intermediate nullity (nullità a regime intermedio).
4.
Notice of charges and evidence
According to Art. 65 c.p.p., the authority must clearly and precisely state the alleged facts and the evidence against the suspect, unless this jeopardizes the investigation. The record must faithfully reflect this disclosure. edit.legal facilitates summarizing the charges from the investigation file, allowing the contestation to be structured analytically and meeting the precision standards required by the Supreme Court (Corte di Cassazione) case law.
5.
Recording statements and closing
The suspect is invited to state whatever they deem useful for their defense. Questions and answers must be reproduced in full or summarized, preserving the original meaning of the expressions used. If audio or video recording is ordered under Art. 141-bis c.p.p., the record must mention it. Finally, the document is read and signed by all participants. edit.legal can support the text review to ensure logical consistency and compliance with official Ministry of Justice templates.

Legal basis: Art. 64 c.p.p.Art. 65 c.p.p.Art. 66 c.p.p.Art. 141-bis c.p.p.Art. 364 c.p.p.

Mistakes to avoid

Omitting the warning on the right to remain silent, causing absolute inadmissibility.
Failure to specifically indicate the evidence against the suspect during the notice of charges.
Incomplete recording of personal details, making the identity of the person interrogated uncertain.
Missing reference to audio/video recording when mandatory by law.

Frequently asked questions

What happens if the warning about liability towards others is missing?

The absence of the warning required by Art. 64, paragraph 3, letter c) c.p.p. makes the statements inadmissible against the accused person and prevents the suspect from assuming the status of a witness.

Can the suspect refuse to sign the record?

Yes, the suspect can refuse to sign. In this case, the public official must record the refusal and any reasons provided within the protocol itself, which remains valid.

Is the presence of counsel mandatory during an interrogation by the Public Prosecutor?

Yes, pursuant to Art. 364 c.p.p., the counsel has the right to attend the interrogation and must be notified at least 24 hours in advance, except in cases of documented urgency.

Editorial oversight: Avv. Federico Papa·ICAMUpdated 29 October 2026Content drafted with AI support and subject to editorial source checks. Despite these controls, inaccuracies may remain: reports and rectification requests are welcome. Report a correction

What edit.legal automates

—Automatic generation of mandatory legal formulas for Art. 64 c.p.p. warnings.
—Consistency check between the suspect's personal data and previous case documents.
—Suggestions for structuring the notice of charges based on provisional indictments.
—Formal verification of signing requirements and audio recording obligations.