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Italy
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Last reviewed on 23 October 2019 by EJN Secretariat
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2002/584/JHA: Council Framework Decision 2002/584/JHA of 13 June 2002 on the European Arrest Warrant and the surrender procedures between Member States Implemented   14 May 2005

Implementation of the Framework Decision on the European Arrest Warrant by Italy. 2005

Law No 69 of 22 April 2005 setting out the provisions adapting domestic law to the Council Framework Decision of 13 June 2002 on the European Arrest Warrant and the surrender procedures between Member States (2002/584/JHA), published in the Gazzetta Ufficiale No 98 of 29 April 2005 and entered into force on 14 May 2005

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2009/299/JHA: Council Framework Decision 2009/299/JHA of 26 February 2009 amending Framework Decisions 2002/584/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA and 2008/947/JHA, thereby enhancing the procedural rights of persons and fostering the application of the principle of mutual recognition to decisions rendered in the absence of the person concerned at the trial Implemented   23 Mar 2016 -

Legislative Decree 15 february 2016, n. 31

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2000/383/JHA: Council Framework Decision 2000/383/JHA of 29 May 2000 on increasing protection by criminal penalties and other sanctions against counterfeiting in connection with the introduction of the euro Implemented   23 Oct 2001 ---
Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings Planned   process ongoing ---
2001/413/JHA: Council Framework Decision 2001/413/JHA of 28 May 2001 combating fraud and counterfeiting of non-cash means of payment Implemented   -

Partly implemented by law No. 56 of 20.2.2004 introducing urgent measures to limit the use of cash and bearer securities in transactions and prevent the use of the financial system for money laundering purposes.

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2001/500/JHA: Council Framework Decision 2001/500/JHA of 26 June 2001 on money laundering, the identification, tracing, freezing, seizing and confiscation of instrumentalities and the proceeds of crime Implemented   ---
2002/465/JHA: Council Framework Decision 2002/465/JHA of 13 June 2002 on joint investigation teams (JIT) Implemented   25 Mar 2016

Notification by Italy on the implementation of Framework Decision 2002/465/JHA on joint investigation teams

Legislative Decree 15 february 2016, n. 34

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2002/475/JHA: Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism Implemented   ---
2002/629/JHA: Council Framework Decision 2002/629/JHA of 19 July 2002 on combating trafficking in human beings   - --

Framework Decision replaced by Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims of 5 April 2011, and replacing Council Framework Decision 2002/629/JHA, (table of status of implementation), which this country has implemented.

2002/946/JHA: Council Framework Decision 2002/946/JHA of 28 November 2002 on the strengthening of the penal framework to prevent the facilitation of unauthorised entry, transit and residence   - -

Partly implemented by Law No. 286 OF 25.7.1998

Report from the Commission on the implementation of this Framework Decision.

2003/568/JHA: Council Framework Decision 2003/568/JHA of 22 July 2003 on combating corruption in the private sector   - ---
2003/577/JHA: Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence Implemented   26 Mar 2016

Notification by Italy on the implementation of the Framework Decision on Freezing Orders. Competent Authorities and languages

Link to Legislative Decree 15 february 2016, n. 35

Complementary information provided by the Council Secretariat

2004/68/JHA: Council Framework Decision 2004/68/JHA of 22 December 2003 on combating the sexual exploitation of children and child pornography   - --

Framework Decision replaced by Directive 2011/93/EU on combating the sexual abuse and sexual exploitation of children and child pornography of 13 December 2011 , and replacing Council Framework Decision 2004/68/JHA (table of status of implementation) which this country has implemented.

2004/757/JHA: Council Framework Decision 2004/757/JHA of 25 October 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking   - ---
2005/212/JHA: Council Framework Decision 2005/212/JHA of 24 February 2005 on Confiscation of Crime-Related Proceeds, Instrumentalities and Property Planned   process ongoing ---
2005/222/JHA: Council Framework Decision 2005/222/JHA of 24 February 2005 on attacks against information systems Implemented   ---
2005/214/JHA: Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties Implemented   27 Mar 2016

Notification of the implementation of the Framework Decision on Financial Penalties by Italy

Legislative Decree 15 february 2016, n. 37

Complementary information provided by the Council Secretariat

2006/783/JHA: Council Framework Decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders Implemented   17 Sep 2015

Notification by Italy and declarations related to the Framework Decision 2006/783/JHA on confiscation orders

Legislative Decree 137 of 7 August 2015

Complementary information provided by the Council Secretariat

2006/960/JHA: Council Framework Decision 2006/960/JHA of 18 December 2006 on simplifying the exchange of information and intelligence Implemented   24 May 2015 -

Decreto Legislativo 23 aprile 2015, n. 54

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2008/675/JHA: Council Framework Decision 2008/675/JHA of 24 July 2008 on taking account of convictions in the Member States of the European Union in the course of new criminal proceedings Implemented   4 Jun 2016 -

Decreto Legislativo of 12 May 2016, n. 73

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2008/841/JHA: Council Framework Decision 2008/841/JHA of 24 October 2008 for organised crime   - ---
2008/909/JHA: Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purposes of their enforcement Implemented   5 Dec 2011

Legislative Decree No 161 of 7 September 2010, published in the Official Gazette No 230 of 1 October 2010.

Complementary information provided by the Council Secretariat

Complementary information: Declarations under Article 7(4) -double criminality- and Article 28(2) -transitional provision-

2008/913/JHA: Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law Implemented   ---
2008/919/JHA: Council Framework Decision 2008/919/JHA of 28 November 2008 amending Framework Decision 2002/475/JHA on combating terrorism Implemented   ---
2008/947/JHA: Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions Implemented   29 Mar 2016

Notification by Italy of the implementation of the Framework Decision on Probation Decisions

Legislative Decree 15 february 2016, n. 38

Complementary information provided by the Council Secretariat

2008/977/JHA: Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters   - ---
2008/978/JHA: Council Framework Decision 2008/978/JHA of 18 December 2008 on the European Evidence Warrant (EEW) for the purpose of obtaining objects, documents and data for use in proceedings in criminal matters. – repealed by Regulation (EU) 2016/95 of 20 January 2016 repealing certain acts in the field of police cooperation and judicial cooperation in criminal matters.   - ---
2009/315/JHA: Council Framework Decision 2009/315/JHA of 26 February 2009 on the organisation and content of exchange of information extracted from the criminal record between Member States Implemented   4 Jun 2016 -

Decreto Legislativo of 12 May 2016, n. 74

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2009/829/JHA: Council Framework Decision 2009/829/JHA of 23 October 2009 for supervision measures Implemented   26 Mar 2016

Notification of the implementation of the Council Framework Decision on Supervision Measures by Italy

Legislative Decree 15 february 2016, n. 36

Complementary information provided by the Council Secretariat

2009/948/JHA: Council Framework Decision 2009/948/JHA of 30 November 2009 for conflicts of jurisdiction Implemented   22 Mar 2016

Notification on the implementation of Framework Decision on conflicts of jurisdiction by Italy

Legislative Decree 15 february 2016, n. 29

Complementary information provided by the Council Secretariat

2001/40/EC: Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals Implemented   -

National Implementing Measures provided to the European Commission

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2002/90/EC: Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorised entry, transit and residence Implemented   -

National Implementing Measures provided to the European Commission

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2004/80/EC: Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims Implemented   -

National Implementing Measures provided to the European Commission

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2005/35/EC: Directive 2005/35/EC of 7 September 2005 on ship-source pollution and on the introduction of penalties for infringements Implemented   -

National Implementing Measures provided to the European Commission

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2005/60/EC: Directive 2005/60/EC of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing Implemented   -

National Implementing Measures provided to the European Commission

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2006/70/EC: Directive 2006/70/EC of 1 August 2006 laying down implementing measures for Directive 2005/60/EC Implemented   -

National Implementing Measures provided to the European Commission

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2008/99/EC: Directive 2008/99/EC of 19 November 2008 on the protection of the environment through criminal law Implemented   -

National Implementing Measures provided to the European Commission

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2009/123/EC: Directive 2009/123/EC of 21 October 2009 amending Directive 2005/35/EC on ship-source pollution and on the introduction of penalties for infringements Implemented   -

National Implementing Measures provided to the European Commission

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2010/64/EU: Directive 2010/64/EU of 20 October 2010 on the right to interpretation and translation in criminal proceedings Implemented   2 Apr 2014 -

Decreto Legislativo of 4 March 2014, n. 32

 

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2011/36/EU: Directive 2011/36/EU of 5 April 2011 on preventing and combating trafficking in human beings, and replacing Council Framework Decision 2002/629/JHA Implemented   6 Apr 2013 -

National Implementing Measures provided to the European Commission

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2011/82/EU: Directive 2011/82/EU of 25 October 2011 facilitating the cross-border exchange of information on road safety related traffic offences   - ---
2011/92/EU: Directive 2011/92/EU of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA Implemented   -

National Implementing Measures provided to the European Commission

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2011/99/EU: Directive 2011/99/EU of 13 December 2011 on the European Protection Order Implemented   10 Mar 2015

Designation of competent authorities regarding the Directive on the European Protection Order by Italy

Attuazione della Direttiva 2011/99/UE del Parlamento europeo e del Consiglio del 13.12.2011 sull'ordine di protezione europeo. Gazzetta Ufficiale della Repubblica Italiana, 23/02/2015, 44. Disclaimer: The fact that there is a reference to national implementing measures does not necessarily mean that these measures are either comprehensive or in conformity.

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2012/13/EU: Directive 2012/13/EU of 22 May 2012 on the right to information in criminal proceedings Implemented   16 Aug 2014 -

Decreto Legislativo of 1 July 2014, n. 101

 

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2012/29/EU: Directive 2012/29/EU of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime Implemented   -

National Implementing Measures provided to the European Commission

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2013/32/EU: Directive on common procedures for granting and withdrawing international protection of 26 June 2013 Planned   process ongoing --

Implemented Article 31(3), (4) and (5).

2013/40/EU: Directive 2013/40/EU of 12 August 2013 on attacks against information systems replacing Council Framework Decision 2005/222/JHA Implemented   -

National Implementing Measures provided to the European Commission

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2013/48/EU: Directive 2013/48/EU of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons Implemented   27 Nov 2016 -

National Implementing Measures provided to the European Commission

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2014/42/EU: Directive 2014/42/EU of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union Implemented   -

National Implementing Measures provided to the European Commission

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2014/41/EU: Directive 2014/41/EU of 3 April 2014 regarding the European Investigation Order in criminal matters Implemented   28 Jul 2017

Notification by Italy of the transposition of Directive on the European Investigation Order

Leg. Decree nr. 108/2017

Useful tools and information for the practical application of the European Investigation Order (EIO) directive

2014/62/EU: Directive 2014/62/EU of 15 May 2014 on the protection of the euro and other currencies against counterfeiting by criminal law and replacing Council Framework Decision 2000/383/JHA Implemented   -

National Implementing Measures provided to the European Commission

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2014/66/EU: Directive on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer of 15 May 2014   - ---
Directive 2014/57/EU of the European Parliament and of the Council of 16 April 2014 on criminal sanctions for market abuse (market abuse directive)   - ---
2015/413/EU: Directive 2015/413/EU of 11 March 2015 facilitating cross-border exchange of information on road-safety-related traffic offences Implemented   -

National Implementing Measures provided to the European Commission

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2015/849/EU: Directive 2015/849/EU of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012, and repealing Directive 2005/60/EC   - ---
2016/343/EU: Directive 2016/343/EU of 9 March 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings   - ---
(EU) 2016/680: Directive (EU) 2016/680 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA   - ---
2017/541/EU: Directive 2017/541/EU of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA   - ---
2016/681/EU: Directive 2016/681 of the European Parliament and of the Council of 27 April 2016 on the use of passenger name record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime   - ---
2016/800/EU: Directive 2016/800/EU of 11 May 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings   - ---
2016/1919/EU: Directive 2016/1919/EU of 26 October 2016 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in European arrest warrant proceedings   - ---
2017/1371/EU: Directive 2017/1371/EU of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law   - ---
2018/1673/EU: Directive 2018/1673/EU of the European Parliament and of the Council of 23 October 2018 on combating money laundering by criminal law.   - ---
2019/713/EU Directive of the European Parliament and the Council of 17 April 2019 on combating fraud and counterfeiting of non-cash means of payment replacing Council Framework Decision 2001/413/JHA   - ---
2019/884/EU: Directive (EU) 2019/884 of the European Parliament and of the Council of 17 April 2019 amending Council Framework Decision 2009/315/JHA, as regards the exchange of information on third-country nationals and as regards the European Criminal Records Information System (ECRIS), and replacing Council Decision 2009/316/JHA   - ---
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