1) Convention Implementing the Schengen Agreement (CISA) of 19 June 1990 (Articles 40 and 41), ratified by Law 20 September 1993 n. 388 (Articles 4 and 5) – The Ministry of Interior (Direzione Centrale della Polizia Criminale – Divisione INTERPOL-SIRENE) is the Italian competent authority to receive the request for cross-border observation. The General Prosecutor Office (GPO) attached to the Court of Appeal in whose district the observation shall be continued is the Italian competent authority to authorize the cross-border observation. The authorization delivered by the competent GPO shall be transmitted by the Italian Ministry of Interior (Direzione Centrale della Polizia Criminale – Divisione INTERPOL-SIRENE).
2) Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters of 8 November 2001 (Article 17), ratified by Law 24 July 2019 n. 88 – The Ministry of Justice (Direzione Generale degli Affari Internazionali e della Cooperazione Giudiziaria – Ufficio I) is the Italian competent authority to receive the request for cross-border observation. The said observation shall be authorized by 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 observation itself shall be continued.
With regard to the possible subject of observation/surveillance:
1) Only the suspect, according to Articles 40 and 41 of CISA.
2) The suspect, as well as the person who it is strongly believed will lead to the identification or location of the suspect, according to Article 17 of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters of 8 November 2001.
Moreover, it can be highlighted that there must be an investigation in the Requesting Country on an extraditable criminal offence. Surveillance must be already carried out in the Requesting Country or at least it is going to be carried out. There must be a MLA request. In cases provided for in Article 40 par. 2 and Article 41 of CISA surveillance is possible only for the serious crimes listed in Article 40 par. 7 and Article 41 par. 4 sub-par. a), respectively. In cases provided for in Article 17 par. 2 of the above-mentioned Second Additional Protocol surveillance is possible only for the serious crimes listed in the following par. 6.