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ACTIVITIES

Art. 5 of Ministerial Decree 269/2010 establishes the classification of activities according to the following scheme:

• Investigations in the private sphere: information requested by the private individual for his protection in court (for example in the family, marriage, property)
• corporate investigations: requests by public and private entities, ie by companies even without legal personality, in order to protect one's right in court - for example in the event of worker infidelity; counterfeiting of products; for the protection of trademarks and patents, scientific heritage, other intangible corporate assets, etc.
• inquiries in the commercial field: requests from the trader in order to determine, even at an accounting level, the shortages and shrinkage, including through information found directly from the business - (so-called investigative anti-shoplifting)
• investigations in the insurance field: requests by any entitled person, for their own protection in court, in relation to the dynamics of road and work accidents, or by insurance companies for their protection from possible fraud
• defensive investigations: aimed at finding evidence to be used in the context of the criminal trial, as governed by Title VI bis of the Criminal Code

commercial information: requested by public and private bodies for the purpose of collecting, analyzing, processing, evaluating and estimating economic, financial, credit, equity, industrial, productive, entrepreneurial and professional data of businesses and companies - both of individuals and of capital - as well as the natural persons connected to them - such as, for example, shareholders, administrators, etc. - in compliance with current European legislation on privacy activities provided for by special laws or ministerial decrees, characterized by the permanent presence of employees at the customer's premises (eg "bouncers").

FIGURES

According to the aforementioned D.M. 269/2010 different figures are distinguished, each with different characterizing and enabling requisites for a particular activity.

detective OWNER

Must meet the following requirements:

• have obtained, at the time of the request, a degree in Law or at least three years in the following disciplines: Forensic Psychology - Sociology - Political Science - Investigation Sciences - Economics or equivalent degree courses
• have successfully completed a period of practice for at least three years, with a private detective, authorized for at least five years, in constant employment and with a positive result expressly certified by the same detective
• having participated in theoretical and practical advanced courses in the field of private investigations, organized by universities or professional training centers recognized by the Regions and accredited by the Ministry of the Interior - Department of Public Security, according to the procedures identified by it, or having carried out documented investigative activities within the investigative departments of the Police Forces, for a period of not less than five years and having left the service, without demerit, for no more than four years.

In this regard, it is clarified - pursuant to the circular of the Ministry of the Interior of 24 March 2011 - that the experience with the Italian police forces is an alternative to the requirements set out in letters b) and c), but not to the qualification which remains that required by letter a).

EMPLOYEE detective

• high school diploma
• having carried out documented investigative activities - within the investigative departments of the FF. PP. for a period of not less than 5 years, and having left the service, without demerit, for no more than 4 years. (without prejudice to the possession of the qualification).
• constant three-year practice for at least 80 hours a month, as a collaborator for elementary investigations, with a titular detective, pursuant to art. of 134 TULPS, for at least 5 years
• participation in theoretical and practical advanced courses in the field of private investigations with a civil orientation organized by universities or professional training centers recognized by the Regions

COMMERCIAL INFORMANT HOLDER

• at least three-year degree (Psychology (forensic specialization), Sociology, Political Science, Investigation Sciences, Economics or equivalent courses)
• have been registered with the competent business register as owner of a sole proprietorship, or as director of partnerships or corporations, for at least 3 years in the last 5

EMPLOYEE COMMERCIAL INFORMANT

• high school diploma
• having carried out documented investigative activities - within the investigative departments of the FF.PP. with specific reference to financial crimes - for a period of not less than 5 years, and having left the service, without demerit, for no more than 4 years, without prejudice to the possession of the qualification)
• constant three-year practice with an authorized sales representative for at least 5 years
• participation in theoretical and practical advanced courses on commercial information organized by universities or professional training centers recognized by the Italian regions

REQUIREMENTS

In order to be able to exercise it is necessary, in addition to having the requisites referred to in Ministerial Decree of 1 December 2010 n. 269, possess a special license issued by the prefect, which however is released from territorial limits. It is then necessary to have certain skills referred to in art. 136 of the R.D. n. 773 of 18 June 1931 as well as obtain, by submitting a specific application pursuant to art. 257 of the Royal Decree 6 May 1940 n. 635, The circular of the Ministry of the Interior of 24 March 2011 explaining the Ministerial Decree 269/2010, established that, pending the mandatory training directives referred to in Annex G, lett. C of the Ministerial Decree 269/2010, it is in any case mandatory, upon the annual renewal of the license, to prove that you have attended a refresher course in the field of private investigations for civil and / or criminal law or commercial information.

With regard to the figure of the authorized detective, pursuant to art. 222 of the coordination rules of the Italian criminal procedure code referred to in Legislative Decree 28 July 1989 no. 271 and art. 327-bis of the Code of Procedure, it must be remembered that in consideration of the provisions of art. 257-bis of the Royal Decree 6 May 1940, n. 635 - according to which nothing has changed in relation to the authorization provided for by the aforementioned articles 222 coord. and 327 bis c.p.p. - the authorization in question (indicated in art. 5, paragraph 1, letter a, point a.V of the Decree), can be requested "only by subjects already in possession of the license to carry out private investigation activities in the civil field" . As for the figures of the employed detectives, the requirements are contained in Annex G of the Ministerial Decree 269/2010.

LICENZA

At the time of applying for a license in an Italian prefecture, the owners of the institutes of investigation and commercial information must identify the activities they intend to carry out (chosen from those indicated in art. 5 of the decree). The obligation to participate in theoretical and practical advanced courses applies to license holders for less than 5 years. These courses must comply with the parameters set out in Annex G, lett. C point 5 of the Ministerial Decree 269/2010.

The circular of the Ministry of the Interior of 24 March 2011, explanatory of the Ministerial Decree 269/2010, clarified that upon renewal of the license it is necessary to demonstrate that they have attended a refresher course in the field of private investigations for civil and / or criminal law or commercial information, as established by regulatory provisions. The validity of the license of the employed detectives is, however, subject to that of the detective who owns the institute...

The law decree 9 February 2012 n. 5 (so-called simplification decree converted into law no.35 of 4 April 2012) published in the Official Gazette on February 9, 2012, which made some changes regarding private investigations, also changed the duration of the license validity. In fact, in this decree, by amending art. 13 TULPS, has extended its duration from one to three years.

PROGETTO TECNICO ORGANIZZATIVO

The subject applying for the license prepares and submits to the Prefect, together with the application for authorization, the organizational project, according to the points listed below:

• head office, any secondary offices (with the prohibition of setting up offices at one's own domicile or offices of law firms)
• the requirements of the company and the license applicant
• the type of services it intends to perform
• the personnel you intend to employ
• financial availability (security deposit)
• the provision of technologies and equipment for carrying out the services

SECURITY DEPOSIT OBLIGATION

Private investigation and commercial information institutes are obliged to make security deposits pursuant to art. 137 of the T.U.L.P.S.
They are governed by Annex F2 of the Ministerial Decree n. 269/2010, according to the following table:

• private investigation institutes: € 20,000.00
• commercial information institutes: € 40,000.00

The deposit must be integrated, for each secondary office, of € 10,000.00. The deposit must be supplemented by € 5,000.00 for each type of authorized service among those chosen (eg insurance, commercial,...).

TARIFF

The regular detectives or the directors of the investigation agencies must keep permanently posted on their office premises - in a visible way - a table of the operations to which they await, with the rate of the relative services. Furthermore, they cannot carry out operations other than those indicated in the table or receive remuneration greater than those indicated in the rate or carry out operations or accept commissions with or from persons without an identity document.

REGISTER OF OPERATIONS

Each investigative institute is obliged to compile and keep up-to-date the "police register" (formally "business journal"), in which the personal details of the persons with whom the business is carried out and the other prescribed indications are noted by law, and must be exhibited at every request of public security officers or agents. It must be kept for 5 years. For defensive investigations, on behalf of the law firms, a special register is used instead of the ordinary transaction register.
The Royal Decree of 6 May 1940, n. 635 clarifies that the register must indicate:

• the date and type of the deal or transaction
• the agreed fee and the outcome of the transaction
• the documents with which the client has proved his personal identity

TESSERINO IDENTIFICATIVO

All those who carry out the activity of private detective must necessarily have a special identification card. The law establishes that the model will be prepared by the State Printing Office and Mint, according to requirements dictated by the Ministry of the Interior but, yet, it has not been implemented. It will consist of a smart card equipped with a contact chip that will carry all the information necessary to make the detective "recognizable", in accordance with the provisions of Presidential Decree 4 August 2008 n. 153, which states that the model of these identifiers must comply with the requirements established by the decree of the Ministry of the Interior.