evidence (statements of informants, documents from public administration, etc.) (Articles 391bis-391decies CPP). Such investigation may be used in special proceedings (such as summary proceedings or plea-bargaining) as evidence equal to the investigation by the prosecution. Are there provisions for support services (including counselling, use of interpreter, interim compensation and other measures) at the time of complaint? The Italian system presents an evident lacuna in relation to support services for the victims of trial. Support centres are almost entirely non-existing, with only a few exception represented by private non-profit organizations. No counselling service is provided for victims who approach the authorities to lodge their complaints. Even the right to use an interpreter and to obtain copy of the essential documents in a language that the individual can understand are rights recognized as such only in relation to the accused (Article 143 CPP). This gap is so evident that the Supreme Court of Cassation has recognized the admissibility of a special complaint (querela) even where translated with the assistance of unqualified personnel at the time it was lodged. The victim as such cannot request interim measures in the investigation phase. The status of the Italian discipline on the matter is therefore unsatisfactory and seems in contrast with the relevant obligations arising from the EU legislation. Are there provisions for witness protection during the investigation? Victims who give their testimonies during criminal proceedings can benefit from the witness protection programme established by the Decreto legge 15 gennaio 1991, n.8 as amended by the Legge 13 febbraio 2001, n. 45. According to Article 16bis of the in order to qualify as a protected witness the individual must be either a Decreto, victim of the crime or a person who has information on the crime, and must not be subject to any restrictions for public security reasons. Moreover, the information provided by the witness must be If the individual who provided such ‘reliable’. information to the authorities is exposed to serious and imminent threat due to his testimony, the witness, his close relatives, and those who are endangered by his declarations are entitled to a number of protective measures. Pursuant to Article 16ter of the Decreto, these measures aim at both protecting the physical integrity of the witness and his family and ensuring financial assistance in order to grant them a reasonable standard of living. These measures may also entail the change of location and identities of their beneficiaries. The protective measures are suggested
evidence (statements of informants, documents from public administration, etc.) (Articles 391bis-391decies CPP). Such investigation may be used in special proceedings (such as summary proceedings or plea-bargaining) as evidence equal to the investigation by the prosecution. Are there provisions for support services (including counselling, use of interpreter, interim compensation and other measures) at the time of complaint? The Italian system presents an evident lacuna in relation to support services for the victims of Support centres are almost entirely non-existing, with only a few exception represented by private non-profit organizations. No counselling service is provided for victims who approach the authorities to lodge their complaints. Even the right to use an interpreter and to obtain copy of the essential documents in a language that the individual can understand are rights recognized as such only in relation to the accused (Article 143 CPP). This gap is so evident that the Supreme Court of Cassation has recognized the admissibility of a special complaint (querela) even where translated with the assistance of unqualified personnel at the time it was lodged. The victim as such cannot request interim measures in the investigation phase. The status of the Italian discipline on the matter is therefore unsatisfactory and seems in contrast with the relevant obligations arising from the EU legislation. Are there provisions for witness protection during the investigation? Victims who give their testimonies during criminal proceedings can benefit from the witness protection programme established by the Decreto legge 15 gennaio 1991, n.8 as amended by the Legge 13 febbraio 2001, n. 45. According to Article 16bis of the Decreto, in order to qualify as a protected witness the individual must be either a victim of the crime or a person who has information on the crime, and must not be subject to any restrictions for public security reasons. Moreover, the information provided by the witness must be ‘reliable’. If the individual who provided such information to the authorities is exposed to serious and imminent threat due to his testimony, the witness, his close relatives, and those who are endangered by his declarations are entitled to a number of protective measures. Pursuant to Article 16ter of the Decreto, these measures aim at both protecting the physical integrity of the witness and his family and ensuring financial assistance in order to grant them a reasonable standard of living. These measures may also entail the change of location and identities of their beneficiaries. The protective measures are suggested trial.
Appendix-8-Italy-Report.docx