2018 brought with it the entry into force of the reform of the wiretapping regulations, implemented by Legislative Decree n. 216 of 29 December 2017.
The reform confirms the role of eavesdropping as a basic investigative tool, but aims to maintain a balance between the secrecy of correspondence – and every other form of communication – and the right to information. Let’s see what are the five key points of the reform.
The first selection will make the judicial police, who will only have to transcribe the relevant wiretaps for investigations. The other will end up in a file under the responsibility of the prosecutor;
In the judges ordinances, they must be reported only “the essential tracks” the abstraction, when they serve to motivate the measurement and will be exposed with inverted commas and not with a synthesis as required;
Notwithstanding that remains prohibited intercept conversations between investigated and defender when the uptake occurs by accident, that conversation must never be recorded;
Without prejudice to the freedom of the press, it is scheduled imprisonment up to 4 years for those who spread audiovisual footage and recordings of communications fraudulently made to damage “the reputation or the image of others”;
The use of computer sensors in PCs or smartphones, will always be allowed to terrorism and mafia. Instead limits for other offenses, considered the most stringent of today by the national prosecutors, who had asked to change the rule.
It should, however, point out that interception can be adoperate – pursuant to art. 266 Code of Criminal Procedure and following – only in proceedings relating to certain offenses.
So, to prevent someone sudden James Bond, remember the art. 617 bis of the Criminal Procedure Code: “Whoever, except in cases permitted by law, installs equipment, tools, parts of equipment or tools in order to disrupt or prevent communications or telegraph or telephone conversations between other persons shall be punished with imprisonment from one to four years […]”
The private investigator is therefore only authorized detection or neutralization of any “abusive listening” by environmental remediation, telephone and electronic. These are operations that aim to identify all the audio and video eavesdropping devices inside of a room (like a house, an office, a car or even an electronic device such as a phone), through which can be acquired or confidential information stolen and used to the detriment of a person or a company.