Italy: Law on intelligence and security services

Law n. 801 of 24 October 1977

Establishment and regulations of the intelligence and security services and discipline of State secrecy.
Published in the Gazzetta Ufficiale n.303 of 7.11.1977.
(unofficial translation)
SECTION 1
The President of the Council of Ministers (P.C.M.) is vested with the high supervision, overall political responsibility, and co-ordination of the national intelligence and security policy in the interest and for the defence of the democratic State and of the institutions the Constitution has laid at its foundations.
The P.C.M. issues directives and sets forth any provision required for organizing and carrying out the activities pursuant to the aforesaid ends; the President of the Council of Ministers oversees the implementation of the criteria for identifying matters to be protected by State secrecy and the bodies to be entrusted with such task; and further ensures the protection of State secrets.
SECTION 2
An Interministerial Committee on Intelligence and Security (CIIS) is established within the P.C.M.'s offices, with the task of giving advice and making proposals to the P.C.M. on the general lines and the main objectives to be pursued within the intelligence and security policy.
The Committee is chaired by the P.C.M. and includes the Ministers of Foreign Affairs, Interior, Justice, Defence, Industry and Finance.
The P.C.M. may call other Ministers, the Directors of the Services referred to in SECTIONs 4 and 6, civil and military authorities and experts, to participate in the Committee's meetings.
SECTION 3
An Executive Committee for the Intelligence and Security Services (CESIS) is established within the P.C.M.'s offices, and is posed under the direct control of the P.C.M..
The Committee provides the P.C.M., for the fulfilment of his responsibilities referred to in SECTION 1, with all the elements required for the coordination of the Services referred to in SECTIONs 4 and 6; it analyses the intelligence supplied by said Services and presents related assessments. The Committee is also tasked with coordinating relations with the Intelligence and Security Services of other Countries.
The Committee is chaired by the P.C.M. or, by his proxy, by an Under Secretary of State. The Secretarial office of the Committee is headed by a senior civil servant, whose appointment and removal pertain to the P.C.M. after consultation with the Interministerial Committee referred to in SECTION 2. The P.C.M. determines the composition of the Committee, which shall include the Directors of the Services referred to in SECTIONs 4 and 6, and establishes the offices strictly needed by the Committee to fulfill its tasks.
SECTION 4
The Intelligence and Military Security Service (SISMi) is hereby established; it fulfils all the intelligence and security tasks for the defence of the State's independence and integrity against any danger, threat or aggression at military level. To the afore said ends, SISMi also performs counterintelligence tasks.
SISMi reports to the Minister of Defence, who establishes its statute and regulations and oversees its activity, in compliance with the P.C.M.'s directives and provisions referred to in SECTION 1.
The Director of the Service and the other officials mentioned in the statutory provisions are appointed by the Minister of Defence, with the advice and consent of the Interministerial Committee (CIIS) referred to in SECTION 2.
SISMi shall communicate to the Minister of Defence and the Committee (CESIS) referred to in SECTION 3 all the information received or otherwise acquired, the analysis and assessments effected, the operations carried out and whatever relates to its activity.
SECTION 5
The units and offices responsible for intelligence, security and analysis in each Armed Force or Armed Corps shall perform exclusive military-technical or military police tasks within their own parent Armed Force or Corps. They operate in close connection with SISMi.
Subsection (g) of SECTION 2 of the President of the Republic Decree N. 1477 dated 18 November 1965 is hereby repealed.
SECTION 6
The Intelligence and Democratic Security Service (SISDe) is hereby established; it fulfils all the intelligence and security tasks for the defence of the democratic State and constitutional order against anyone attacking them and against any form of subversion. SISDe reports to the Minister of the Interior who establishes its statute and regulations and oversees its activity, in compliance with the P.C.M.'s directives and provisions referred to in SECTION 1.
The Director of the Service and the other officials mentioned in the statutory provisions are appointed by the Minister of the Interior, with the advice and consent of the Interministerial Committee referred to in SECTION 2.
SISDe shall communicate to the Minister of the Interior and to the Committee (CESIS) referred to in SECTION 3 all the information received or otherwise acquired, the operations carried out and whatever relates to its activity.
SECTION 7
The personnel of each of the Services referred to in SECTIONs 4 and 6, and of the Committee referred to in SECTION 3, is composed of civil servants and military personnel transferred, with their consent, to be employed exclusively by these bodies, as well as personnel directly recruited. In no circumstance can the Services employ, either on a permanent or occasional basis, members of Parliament; members of city, provincial, and regional councils; magistrates, members of the clergy or professional newsmen.
The strength and the economic and legal status of the staff complements of the Committee (CESIS) referred to in SECTION 3 and of each Service, as well as the circumstances and procedures for the return of civil servants to their parent bodies, or for the transfer of directly recruited personnel to other government offices, are respectively established, notwithstanding existing regulations, by the P.C.M., the Minister of Defence and the Minister of Interior, with the advice and consent of the Committee (CIIS) referred to in SECTION 2 and in agreement with the Minister of Treasury. The economic and legal status of the personnel of the Committee (CESIS) referred to in SECTION 3 and of the Services referred to in SECTIONs 4 and 6 cannot in any case be lower than the current standard for Government employees at the corresponding level. The Committee (CESIS) and the Services referred to in SECTIONs 3, 4 and 6, may use, upon approval by the P.C.M., following a proposal by the Minister of Defence or the Minister of the Interior and in agreement with the other Ministers concerned, means and infrastructures of any other government body.
SISMi and SISDe shall cooperate and provide each other with support and assistance.
SECTION 8
The Committee (CESIS) and the Services referred to in SECTIONs 3, 4 and 6 can not employ either on a permanent or occasional basis individuals who because of their behaviour or subversive actions against the democratic order do not guarantee absolute loyalty to the values of the republican and antifascist Constitution.
SECTION 9
The personnel of the Committee (CESIS) and of the Services referred to in SECTIONs 3, 4 and 6 do not possess the status of criminal police (*) officers or agents; such status, for those possessing it in their parent bodies, shall be suspended throughout their spell of duty with the Committee or with the Services.
Notwithstanding existing regulations, the Services' employees are bound to report hierarchically, solely to the Directors of the Services, who in turn shall report to the Minister of Defence and the Minister of Interior respectively, and simultaneously to the P.C.M., through the Committee (CESIS) referred to in SECTION 3.
The Directors of the Services referred to in SECTIONs 4 and 6 are also bound to communicate to the appropriate criminal police bodies any information and evidence related to facts which may be identified as crimes.
Compliance with the above obligation may be delayed, upon instruction by the Minister concerned with the explicit consent of the P.C.M., when and if required in order to fulfill the statutory aims of the Services.
All criminal police officers and agents shall provide as much cooperation as possible to the Services' agents.
SECTION 10
No activity howsoever related to intelligence and security can be carried out outside the bodies, procedures, responsibilities and aims envisaged in this Law.
All the internal provisions and regulations contrasting or non-consistent with this Law are hereby repealed; the responsible bodies shall immediately issue appropriate new provisions.
For the initial enforcement of this Law and pending the formation of the staff complements of the Services referred to in SECTIONs 4 and 6, said Services shall avail themselves - in compliance with the provisions in SECTION 8 - of personnel from the Services existing thus far within the Ministries of Defence (SID) and Interior (SdS). The latter Services shall however cease operating within six months from the date of enactment of this Law and all their facilities, documents, and technical equipment shall be taken over, upon decree by the P.C.M. and after consultation with the Ministers of Defence and Interior, by the Services referred to in SECTIONs 4 and 6, according to their respective functions and responsibilities.
SECTION 11
The Government shall report to Parliament in writing, every six months, on the intelligence and security policy pursued and on the results achieved.
A Parliamentary Committee composed of four deputies and four senators, appointed by the Chairmen of the two Houses on a proportional basis, shall oversee the application of the principles envisaged in this Law.
To this end, the Parliamentary Committee may request the P.C.M. and the Interministerial Committee referred to in SECTION 2 to provide information on the essential lines of the Services' structures and activities and may put forth remarks and suggestions.
The P.C.M. may withhold, with a brief statement outlining the grounds for such decision, from the Parliamentary Committee information which in his judgement exceeds the afore said aim and which requires to be protected by secrecy.
In such cases if the Parliamentary Committee rules by absolute majority of its members that the requirement for secrecy is unfounded, it will submit the issue to each of the two Houses for the ensuing political evaluation.
The members of the Parliamentary Committee are bound to secrecy with respect to the information obtained as well as to the remarks and suggestions put forth as referred to in the above third subparagraph.
The Parliamentary Committee's proceedings are secret.
SECTION 12
The documents, proceedings, information, activities, and any matter whose disclosure is apt to jeopardize the integrity of the democratic State, also in relation with international agreements, the defence of the constitutional order, the free exercise of the functions of the constitutional bodies, the independence of the State vis-à-vis other States and its relations with them, the military preparations and defence of the State, are covered by State secrecy.
In no circumstance shall State secrecy be applied to instances of subversion of the Constitutional order.
SECTION 13
The words "political or military secret" in the first and second subparagraphs of SECTION 342, Criminal Procedure Code, are replaced by the words "State secret". The words "provides for in compliance with the second sentence of SECTION 352" in the second subparagraph of SECTION 342 of the Criminal Procedure Code are replaced by the words "provides for in compliance with SECTION 352''.
SECTION 14
The title of SECTION 351, Criminal Procedure Code, is amended as follows: "Right to abstain from testifying and prohibition to examine on account of the secrecy inherent to a person's profession or office''.
The first subparagraph of SECTION 352, Criminal Procedure Code is inserted as the second subparagraph in SECTION 351 of said Code.
SECTION 15
SECTION 352, Criminal Procedure Code, is replaced by the following:
"Duty to abstain from testifying and prohibition to examine on account of State secrecy". Government officials, government employees, and those charged with a government function are under the obligation to abstain from testifying and shall not be examined on matters covered by State secrecy.
When the judicial authority having jurisdiction over a case deems that a claim to secrecy by any of the above mentioned individuals is unfounded, shall refer it to the P.C.M. who, if he intends to uphold such claim, shall make it known within sixty days from receipt of the application.
In this instance, no charge can be brought against the person concerned under SECTION 372, Criminal Code, and if knowledge of what is covered by the State secrecy is essential, the judicial authority having jurisdiction over the case shall declare that the court action can not proceed due to the existence of a State secret.
SECTION 16
The P.C.M. shall inform the Parliamentary Committe referred to in SECTION 11, with a brief statement outlining the grounds for his decision, of all instances of confirmation of State secrecy under SECTION 352 of the Criminal Procedure Code. If the Parliamentary Committe by absolute majority of its members, deems the claim to Secrecy to be unfounded, it shall refer the matter to each of the two Houses for the ensuing political evaluation.
SECTION 17
The P.C.M. shall give communication to the Parliamentary Houses of all claims to Secrecy under SECTIONs 11 and 15 of this law, together with a statement on the grounds for his decision.
SECTION 18
Pending the issuance of a new comprehensive official secrets act, the crimes envisaged and the corresponding penalties under Book II, title I, chapters 1 and 5 of the Criminal Code, relating to international and domestic political secret, shall be referred to State secrecy definition referred to in SECTIONs 1 and 12 of this Law.
SECTION 19
Expenses relating to the Committee (CESIS) referred to in SECTION 3 and the Services referred to in SECTIONs 4 and 6 shall be entered under an ad hoc heading - labelled "Interministerial Committee on Intelligence and Security" - which will be included in the expenditure budget of the Ministry of the Treasury.
The P.C.M., upon recommendation by the Interministerial Committee on Intelligence and Security, allocates by decree the funds to be made over to CESIS, SISMi and SISDe, for their respective organizations and operations, as well as the secret funds to be entered in the expenditure budget of the Presidency of the Council, Ministry of Defence and Ministry of Interior respectively. The Minister of the Treasury, on the basis of the above provisions, effects by decree the required budgetary changes. Secret expenses are entered under special headings and shall not be accounted for.
On the initial implementation of this Law allocations already established for the same purposes in the expenditure budgets of the Ministries of Defence and Interior shall be entered in the ad hoc heading mentioned in the first subparagraph of this SECTION 19. The Minister of Treasury is hereby authorised to effect the corresponding budgetary changes, which, if required, may also extend to the residual liabilities account.
(*)The law enforcement branch acting on behalf of an examining magistrate.
Rome, 24th October 1977
LEONE
ANDREOTTI-COSSIGA-BONIFACIO-
RUFFINI-STAMMATI
Signed and sealed by the Guardasigilli: BONIFACIO
Law n. 410, sec. 2 of 30 December 1991 (Abstract)
Emergency provisions to co-ordinate intelligence and investigative activities against organized crime.
Sec. 2
Intelligence activity
1. SISDe and SISMi shall, within their intelligence activities provided for by Law n. 801 of 24 October 1977, notwithstanding the attributions and statutory provisions provided for in that law, carry out intelligence and security activities in the domestic and the foreign areas respectively against any danger or form of subversion by criminal organised groups which pose a threat to the institutions and to the development of the community's well being. To this end, the P.C.M., by decree, in agreement with the Ministers of Defence and of the Interior, issues the directives and establishes the criteria to adjust SISDe's and SISMi's intelligence activities so as to achieve the aims referred to in the present decree.