Italy
Criminal investigations in Italy
The judicial police investigate, but under the direction of the prosecuting magistrate, with a preliminary-investigation judge providing oversight.
Facts on this page were checked against their sources on .
Criminal investigation in Italy is carried out by the judicial police (polizia giudiziaria) — personnel drawn from the national police forces — but it is directed by the magistracy. The Constitution provides (Article 109) that "judicial authorities may directly avail themselves of the judicial police", and Law 121/1981 (Article 17) provides that judicial-police functions "are carried out under the dependence and direction of the judicial authority". So the prosecutor directs the investigation the police perform.
The same idea, explained generally
- What is a criminal investigation?
A criminal investigation is a legally authorised process for establishing whether an offence occurred and gathering evidence that can be tested in court. This guide explains its structure, safeguards, and known failure modes.
- What is due process?
Due process is the requirement that the state follow fair, established procedures before it takes action against a person. This guide explains what it typically includes and how it differs between systems.
Sources
Sources
Constitution of the Italian Republic (1948) — official English translation
Corte costituzionale (Constitutional Court of the Italian Republic) · Legislation · 1948 · link verified 2026-07-26
The Constitutional Court's own official English translation (October 2023 edition), fetched as a PDF and text-extracted (confirmed by the research and verification passes; the Senate's English PDF was bot-walled, so this Court edition was substituted). Supports Art. 101 (justice administered in the name of the people; the judiciary subject only to the law), Art. 104 (the judiciary an independent branch; the High Council of the Judiciary/CSM), Art. 107 (the public prosecutor's guarantees), Art. 109 ("judicial authorities may directly avail themselves of the judicial police"), Art. 112 ("the public prosecutor shall have the obligation to initiate criminal proceedings" — mandatory prosecution), Art. 103 (the Council of State and administrative justice), Art. 116 (the five special-autonomy regions, with additional devolution over "justice" limited to the organizational requirements of the Justice of the Peace), Art. 117(2) — subparagraphs (l) "jurisdiction and procedural law; civil and criminal law; administrative justice", (h) "public order and security, save for local administrative police", (d) defence — establishing that all four justice functions are EXCLUSIVE State competence, and Arts. 134–135 (the Constitutional Court).
Law No. 121 of 1 April 1981 (new organisation of the public-security administration)
Presidenza del Consiglio dei Ministri — Ufficio Studi (official government text) · Legislation · 1981-04-01 · link verified 2026-07-26
The official government text of Law 121/1981, fetched as a PDF and text-extracted, verified verbatim in both passes. Art. 16 lists the police forces: the Polizia di Stato plus "a) l'Arma dei carabinieri, quale forza armata in servizio permanente di pubblica sicurezza; b) il Corpo della guardia di finanza", and (Art. 16(2)) the custodial and forestry corps. Art. 17 provides that judicial-police functions "sono svolte alla dipendenza e sotto la direzione dell'autorità giudiziaria" (are carried out under the dependence and direction of the judicial authority). Establishes the multiple national police forces and that criminal investigation is directed by the prosecuting magistracy.