GIULIANI AND GAGGIO v. ITALY JUDGMENT 37 Before the preliminary hearing, or where no such hearing is held because the case is discontinued at an earlier stage, injured parties may exercise certain powers. The relevant provisions of the CCP provide: Article 90 “Injured parties shall exercise the rights and powers expressly afforded to them by law and may furthermore, at any stage of the proceedings, submit pleadings and, except in cassation proceedings, request the inclusion of evidence.” Article 101 “Injured parties may appoint a legal representative for the exercise of the rights and powers afforded to them ...” Article 359 § 1 “Where the public prosecutor orders examinations ... or any other technical operation calling for a specific competence, he or she may appoint ... experts. The latter may not refuse to cooperate.” Article 360 “1. Where the examinations referred to in Article 359 ... concern persons, objects or places in a state subject to alteration, the public prosecutor shall inform the accused, the injured party and the lawyers without delay of the date, time and place designated for the briefing of the experts and of the possibility of appointing experts. ... 3. Any lawyers or experts appointed shall have the right to attend the briefing of the experts, participate in the examinations, make observations and express reservations.” Article 392 “1. In the course of the preliminary investigation, the public prosecutor and the accused may apply to the judge for the immediate production of evidence... 2. The public prosecutor and the accused may also request a forensic examination where such examination, if ordered during the trial, could entail the suspension of the latter for more than 60 days ... .” Article 394 “1. Injured parties may request the public prosecutor to apply for the immediate production of evidence. 2. Should the public prosecutor refuse that request, he or she shall give reasons for the decision and serve it on the injured party.”