Measure Implementation

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

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 controlled delivery. However, direct communications between the judicial authorities concerned are provided for by the international legal instruments above-mentioned under numbers 3), 4) and 5). In any case, controlled delivery 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 activity shall be carried out. When the EIO/MLA request concerns activities to be carried out in more than one district, the PPO of the district in which the greatest number of activities must be carried out is the competent authority. 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. As a matter of fact, however, a communication to the PPO of the district where the activity shall be carried out has been considered enough on several occasions. This under Italy’s declaration on Article 18 of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters of 8 November 2001, stipulating that the competent authorities are the relevant police forces determined in accordance with applicable national legislation. Finally, as to the conditions, there must be an ongoing investigation in the Issuing/Requesting Country for one or more of the serious crimes referred to in Article 9 of Law 16 March 2006 n. 146, including, among others, corruption, money-laundering, kidnapping, human trafficking, smuggling of migrants, terrorism and drug trafficking, as well as crimes involving weapons, ammunition and explosives. By the means of a reasoned decree, the competent PPO can delay an arrest and/or a seizure if this is needed in order to obtain essential pieces of evidence, or locate or capture the perpetrator of the crime.

Legal Framework

International legal framework applicable for this measure in your Member State

1) United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 20.12.1988 (Article 11), ratified by Law 5 November 1990 n. 328. 2) United Nations Convention against Transnational Organized Crime of 13-15 December 2000 (Article 20), ratified by Law 16 March 2006 n. 146. 3) Directive 2014/41/EU regarding the European Investigation Order in criminal matters, hereinafter EIO Directive (Articles 3 and 28), implemented by Legislative Decree of 21 June 2017 n. 108 (Articles 1 and 2 par. 1 sub-par. a). 4) Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the EU (Articles 12), implemented by Legislative Decree of 5 April 2017 n. 102 (Article 16) (only with reference to EU MSs that are Parties to the said Convention and have not implemented the EIO Directive, that is with reference to Ireland). 5) Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters of 8 November 2001 (Article 18), ratified by Law 24 July 2019 n. 88 (also with reference to EU MSs that do not participate or have not implemented EIO Directive, and are not Parties and/or have not ratified/implemented the Convention of 29 May 2000, that is with reference to Denmark).

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)

Concise legal practical information

Special requirements

Last reviewed on 23 March 2023 by EJN Secretariat

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