In the case of the procedure for the validation of the detention of a foreign national in the identification and expulsion center, pursuant to Article 14 of Legislative Decree No. 25/2008, the guarantees of due process, consisting of the necessary participation of the defense counsel and the hearing of the interested party in said procedure, apply regardless of the request by the individual to be heard. Therefore, the individual must be notified of the date of the validation hearing for the measure, and this cannot be substituted by the mere informal oral notice provided or the statement made in court by the opposing party. Additionally, in the absence of notification, there cannot be a valid and informed waiver of the individual's participation in the hearing, which, as a procedural act, must be documented and/or written down.
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