The new Code separates the prosecuting role from the adjudicative one and breaks the chain between preliminary investigations and the trial. Pretrial investigations take place outside the criminal process, the starting point of which is the public prosecutor filing the charging instrument. As a result, any evidence collected during the law enforcement agencies' or the prosecutor's investigation is designed to provide probable cause with a view to arresting the suspect or binding him over for trial. A basically evidentiary rule prevents the trier of fact from using evidence other than that lawfully admitted and produced at trial. The pretrial judge is responsible for determining whether or not probable cause exists for filing a criminal charge at the end of the investigation. It appears that the Italian criminal justice system has adopted a model which broadens the rights of the accused and increases the prosecution's burden for conviction. 48 notes.