Measure Implementation

Is this measure possible in your Member State under International Judicial Cooperation?

1) Directive 2014/41/EU regarding the European Investigation Order in criminal matters – The Public Prosecutor Office (PPO) attached to the Court of first instance of the city where is established the Court of Appeal in whose district the requested activity shall be carried out, that is the district in which the person to be intercepted is located, is the competent authority to receive the Annex C of the EIO Directive. When the order/request concerns activities to be carried out in more than one district, the competent authority is the PPO of the district in which the greatest number of activities must be carried out. In case of equal number of activities, the competent authority is the PPO of the district where the most important activity must be carried out. However, the said PPO immediately forward the Annex C to the Investigative Judge, who shall order to stop immediately the interception if the crime concerned in Italy does not allow interceptions. At the same time the Judge communicates it to the PPO, who informs without delay, and in any case within 96 hours, the competent judicial authority of the Issuing State, which is also informed that communication and telecommunications intercepted till then cannot be used as evidence. 2) Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the EU and 3) European Convention on Mutual Assistance in Criminal Matters signed of 20 April 1959 – The Public Prosecutor Office (PPO) attached to the Court of first instance of the city where is established the Court of Appeal in whose district the requested activity shall be carried out, that is the district in which the person to be intercepted is located. When the order/request concerns activities to be carried out in more than one district, the competent authority is the PPO of the district in which the greatest number of activities must be carried out. In case of equal number of activities, the competent authority is the PPO of the district where the most important activity must be carried out. However, the PPO must ask to the Investigative Judge the authorization to carry out the interception. 4) Bilateral treaties and other multilateral conventions – According to each single treaty or convention, the MLA request must be sent by diplomatic channels or it can be sent to the Italian Ministry of Justice (MoJ) as Central Authority, or directly to the above-mentioned PPO. In any case, however, the request must to be sent to the above-mentioned PPO, who must ask to the Investigative Judge the authorization to carry out the interception.

Legal Framework

International legal framework applicable for this measure in your Member State

Competent Authority

* receive the request/decision for judicial cooperation

Accepted languages

Accepted languages for the request/decision

Execution deadline

Deadlines for the execution of the request/decision (where applicable)

Please see MEASURE IMPLEMENTATION

Concise legal practical information

Special requirements

Last reviewed on 13 April 2023 by EJN Secretariat

NEXT MEASURE

  • Electronic evidence, interception and surveillance (A.50 - A.56)
  • A.52 Tracing of telecommunications and other forms of electronic communications
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