Powers

In line with D.I.A. institutional duties, the Director has the following powers:

·        to propose to the District Court having the jurisdiction the adoption of personal and asset-related preventive measures (as to the asset-related measures D.I.A. Director is the sole Authority having national jurisdiction – legislative decree n. 159/11, articles 5 and 17 – ministerial decree 23.12.1992 – ministerial  decree 30.11.1993);

·        to order the access to the  bank and deposit account registry in order to carry out “asset investigations as part of the preventive activity  envisaged by the ad hoc law provisions and in order to adopt preventive measures” (ministerial decree n. 269/2000, art. 4, containing the regulation setting up the bank and deposit account registry,  as laid down by Law n. 413/1991, art. 20, paragraph 4);

to request to the Public Prosecutor,  on behalf of the Minister of the Interior, to issue a decree ordering the preventive interception of telephone conversations or communications between those present if the interceptions are “necessary to the ends of preventive measures and to the collection of information as to the offences under article 51, paragraph 3 bis of the code of criminal procedure.” (legislative decree n. 306/92, art. 25 ter);

to order undercover investigations into receiving stolen weapons, drugs, money laundering and re-investiment of proceeds,  slavery and other offences against persons, etc. for which D.I.A. law enforcement officers cannot be punished  (Law n. 146/2006, art. 9 – ministerial decree 23.12.1992);

to order database queries and checks, the collection of  data and information as well as inspections as to the subjects under the legislative decree n. 231/2007, articles from 10 to 14 (including credit institutions, professionals, financial brokers, gambling houses etc.) if there is any suspicion of mafia infiltration (legislative decree n. 629/82, art. 1, paragraphs 4 and 1 bis, paragraphs 1 and 4, which was converted into Law n. 726/82 creating the High Commissioner for coordinating the  fight against Mafia crimes – legislative decree n. 231/07, art. 8, paragraph 4, letter c – Law n. 94/2009, article 2, paragraph 3 – ministerial decree 23.12.1992 – ministerial decree 01.02.1994 –ministerial decree 30.01.2013).

to have access to the ad-hoc Unit of the Data Processing Centre within the Department of Public Security which classifies and processes the data and information on Mafia-type crimes (ministerial decree 23.12.1992);

to summon any person under art. 15 of the consolidated text of laws on  public security (ministerial decree 23.12.1992);
·        to be notified by the Italian intelligence services, AISI and AISE,  of any facts linked to Mafia-type activities (ministerial decree 23.12.1992 – ministerial decree 01.02.1994 – ministerial decree 30.01.2013).

Moreover

As to the reports of suspicious transactions, D.I.A. (legislative decree 231/07):

receives from the Financial Intelligence Unit of the Bank of Italy  the reports of suspicious financial transactions (art. 47);
requests for further information to the subject making the report or to those who are required to do so (art. 45, paragraph 3);
requests to the Financial Intelligence Unit to suspend the suspicious transaction up to a maximum of five working days  (art. 6, paragraph 6, letter c);
makes use of the data stored in the tax register under  Presidential Order n. 605/1973, art. 7, paragraphs 6 and 11, as amended by article 37, paragraph 4 of the legislative decree n. 223/2006 (art. 8, paragraph 4, letter a);


D.I.A. also provides the requesting Judicial Authority with useful information on those asking for free legal aid as to the offences under ex art.51, paragraph 3 bis of the Code of Criminal Procedure, or those who are subject to preventive measures under Presidential Order n. 115, 30/5/2002 (art. 96(L)).

D.I.A. personnel may visit penal institutions and may be authorized by the Minister of Justice or the Public Prosecutor to interview the people detained or under custody in order to gather useful information to prevent and combat organized crime (L. 354/1975, art. 18 bis, added by article 16 of the legislative decree n. 306/92).